GEORGIA ASS'N OF RETARDED CITIZENS v. McDANIEL

Civ. A. No. C78-1950A.

511 F.Supp. 1263 (1981)

GEORGIA ASSOCIATION OF RETARDED CITIZENS, individually and in behalf of its members and class; Russell Caine, individually and in behalf of others similarly situated, by and through his parents and next friends, L. Douglas Caine and Virginia Caine; and L. Douglas Caine and Virginia Caine, individually and in behalf of others similarly situated, Plaintiffs, v. Dr. Charles McDANIEL, in his official capacity as State Superintendent of Schools and individually; Roy A. Hendricks, A. J. McClung, Mrs. Saralyn Oberdorfer, James F. Smith, Hollis Lathem, Thomas K. Vann, Jr., Pat G. Kjorlaug, Larry A. Foster, Sr., Asbury Stembridge, and Carolyn Huseman, in their official capacities as State Board of Education members and individually; the State Board of Education, State of Georgia; Dr. Sylvester Rains, in his official capacity as Superintendent of the Savannah-Chatham County Board of Education and individually; Dr. Donald Knapp, Dr. Martha Fay, Rev. William F. Stokes, II, Emma Adler, Captain Robert Funk, Ester F. Garrison, Spencer Lawton, Jr., Betty McClenden, and Dr. Robert Moreland, Jr., in their official capacities as members of the Savannah-Chatham Board of Education and individually; and the Savannah-Chatham Board of Education, Defendants.

United States District Court, N. D. Georgia, Atlanta Division.

April 3, 1981.


Attorney(s) appearing for the Case

Jonathan A. Zimring, John L. Cromartie, Jr., Michael Morris, Atlanta, Ga., Lawrence Ringer and Rose Firestein, for plaintiffs.

Alfred L. Evans, Jr., Atlanta, Ga., Griffin B. Bell, Jr., Savannah, Ga., for defendants.


MEMORANDUM OPINION

HORACE T. WARD, District Judge.

I. Introduction.

A. Description of the Case

This is a class action lawsuit to redress an alleged deprivation of rights under the Education for All Handicapped Children Act ("Handicapped Act"), 20 U.S.C. § 1401 et seq.; Section 504 of the Rehabilitation Act of 1973 ("Section 504"), as amended, 29 U.S.C. § 794; the Equal Protection and Due Process Clauses...

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