FLAVIN v. CONNECTICUT STATE BD. OF EDUC.

Civ. No. H-81-888.

553 F.Supp. 827 (1982)

Christina FLAVIN, ppa Dennis Flavin, Dennis Flavin and Pamela Flavin v. CONNECTICUT STATE BOARD OF EDUCATION, John E. Toffolon, June K. Goodman, Rose K. Lubchansky, Roberto Fuentes, Dayson D. DeCourcy, Rose B. LaRose, Julia Rankin, Gail H. Stockham, James J. Szerejko, Members of the State Board of Education; Mark R. Shedd, Secretary of the State Board of Education and Commissioner of Education; Greenwich Board of Education; James Strauch, Hearing Officer.

United States District Court, D. Connecticut.

December 27, 1982.


Attorney(s) appearing for the Case

Hollace P. Brooks, Rome, Case, Donnelly, Kennelly & Klebanoff, Hartford, Conn., for plaintiffs.

Ellen S. Boer, Asst. Town Counsel, Greenwich, Conn., for Greenwich Bd. of Educ.

Robert W. Garvey, Hartford, Conn., John R. Whelan, Asst. Attys. Gen., Carl R. Ajello, Atty. Gen., for all remaining defendants.


RULING ON MOTION TO DISMISS

CLARIE, Chief Judge.

This action was brought pursuant to the Education of All Handicapped Children Act, 20 U.S.C. § 1400 et seq., Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and the Civil Rights Act, 42 U.S.C. § 1983. In addition, the plaintiffs seek to invoke the pendent jurisdiction of this Court and allege that this action is in the nature of an appeal from the decision of the Special...

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