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HESSLER v. STATE BD. OF EDUC. OF MARYLAND

No. 81-2185.

700 F.2d 134 (1983)

Michael ("Micki") Kelly HESSLER, a minor, by her mother and next friend, Sheila BRITT and J. Joel and Sheila Britt, Appellants, v. STATE BOARD OF EDUCATION OF MARYLAND and William G. Sykes (President), Lawrence Miller, Mary Elizabeth Ellis, Joanne T. Goldsmith, Albertine T. Lancaster, Verna M. Fletcher, May B. Bolt, G. George Asaki and Frederick K. Schoenbrodt, individually and as members of the State Board of Education and David W. Hornbeck, individually and as State Superintendent of Schools and Martha J. Irvin, individually and as Assistant State Superintendent, Division of Special Education, and Board of Education of Montgomery County and Daryl W. Shaw (President), Carol F. Wallace, Joseph R. Barse, Blair G. Ewing, Marian L. Greenblatt, Elizabeth W. Spencer, Eleanor D. Zappone, individually and as members of the Board of Education of Montgomery County and J. Edward Andrews, individually and as Superintendent, Montgomery County Public Schools and Hiawatha B. Fountain, individually and as Associate Superintendent for Continuum Education, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided February 10, 1983.

Attorney(s) appearing for the Case

Glen M. Fallin, Upper Marlboro, Md., for appellants.

Richard E. Ekstrand, Upper Marlboro, Md. (McGill & Ekstrand, Upper Marlboro, Md., Charles A. Reese, Reese & Carney, Ellicott City, Md., on brief), for county appellees.

Ellen M. Heller, Asst. Atty. Gen., Baltimore, Md. (Stephen H. Sachs, Atty. Gen. of Maryland, Diana G. Motz, Asst. Atty. Gen., Baltimore, Md., on brief), for appellees.

Before WINTER, Chief Judge, CHAPMAN, Circuit Judge, and BUTZNER, Senior Circuit Judge.

HARRISON L. WINTER, Chief Judge:

Plaintiffs, a handicapped child who sues by her mother and her parents, sued the Montgomery County, (Maryland) Board of Education, certain of its employees, the Maryland State Board of Education and certain of its employees alleging a denial of their constitutional rights1 and the rights created for them by certain federal statutes2 relating to the education of handicapped children...

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