QUACKENBUSH v. JOHNSON CITY SCHOOL DIST.

No. 691, Docket 82-7695.

716 F.2d 141 (1983)

Barbara QUACKENBUSH, for herself and on behalf of her infant son, Jason Gambee, Plaintiff-Appellee, v. JOHNSON CITY SCHOOL DISTRICT, and Caspar Rowlind, Administrator for the Johnson City School District, individually and in his official capacity, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided August 24, 1983.


Attorney(s) appearing for the Case

Ronald R. Benjamin, Binghamton, N.Y., for plaintiff-appellee.

Edward J. Sarzynski, Binghamton, N.Y. (Hogan & Sarzynski, Binghamton, N.Y., of counsel), for defendants-appellants.

Elizabeth L. Schneider, Rochester, N.Y. (Statewide Youth Advocacy, Inc., Rochester, N.Y., of counsel, David A. Monroe, Western N.Y., Protection and Advocacy Office for the Developmentally Disabled, Neighborhood Legal Services, Inc., Buffalo, N.Y., Gerald P. Seipp, Serotte, Harasyn, Reich & Goldstein, Buffalo, N.Y., on brief), for amicus curiae.

Before OAKES, PRATT and WEIS, Circuit Judges.


GEORGE C. PRATT, Circuit Judge:

Defendants appeal by permission granted under 28 U.S.C. § 1292(b) from an order of the Northern District of New York, Howard G. Munson, Chief Judge, denying defendants' motion to dismiss plaintiff's complaint seeking damages under the Education of the Handicapped Act, 20 U.S.C. §§ 1400 et seq. (EHA), the Rehabilitation Act of 1973, 29 U.S.C. §§ 701 et seq., and the Civil Rights Act of 1871...

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