BRANDON E. v. WISCONSIN DEPT. OF PUBLIC INSTRUCTION

Civ. A. No. 83-C-581.

595 F.Supp. 740 (1984)

BRANDON E. and his parents, Mr. and Mrs. E., Plaintiffs, v. The WISCONSIN DEPARTMENT OF PUBLIC INSTRUCTION; Herbert Grover, individually and in his official capacity as the Wisconsin Superintendent of Public Instruction; Victor J. Contrucci, individually and in his official capacity as the Assistant Superintendent of Education; Mequon-Thiensville School District Two; Mequon-Thiensville School District Two Board of Education, a body politic; and the members of the Board in their official capacities as follows: David Hasey, Carol Hanson, Christine Neurnberg, Mary Etta Hanley, Neil Trilling, Nancy Parris, and Theodore Egelhoff; Ellen Meister, individually and in her official capacity as Superintendent of Schools of District Two; Harry Thompto, individually and in his official capacity as the Assistant Superintendent of District Two; Ozaukee County Handicapped Children's Education Board; Arthur Baranowski, individually and in his official capacity as Director of Special Education for the Handicapped Children's Education Board; Anthony J. Earl, individually and in his official capacity as Governor of Wisconsin; Lloyd LaRoque, individually and in his official capacity as school psychologist in the employ of District Two; the United States Department of Education; Terrel H. Bell, individually and in his official capacity as Secretary of the United States Department of Education, Defendants.

United States District Court, E.D. Wisconsin.

October 4, 1984.


Attorney(s) appearing for the Case

Brooke R. Whitted, Canel, Aronson & Whitted, Chicago, Ill., and Paul Soglin, Schultz & Soglin, Madison, Wis., for plaintiffs.

Charles R. Larsen, Asst. Atty. Gen., Madison, Wis., and Mary Brooks Fraser, Wisconsin Dept. of Public Instruction, Madison, Wis., for defendants, Wisconsin Dept. of Public Instruction, Herbert Grover, Victor Contrucci, and Anthony Earl.

Warren L. Kreunen, von Briesen & Redmond, S.C., Milwaukee, Wis., for defendants Mequon-Thiensville School Dist., Mequon-Thiensville Bd. of Educ., David Haase, Carol Hanson, Christine Nuernberg, Mary Etta Hanlewy, Neil Trilling, Nancy Parris, Theodore Egelhoff, Ellen Meister, Harry Thompto, and Lloyd LaRogue.

Timothy F. Mentkowski, Riordan, Crivello, Carlson, Mentkowski & Henderson, Milwaukee, Wis., for defendants Arthur Baranowski and Ozaukee County Handicapped Children's Educ. Bd.

Patrick W. Schmidt, Quarles & Brady, Milwaukee, Wis., and Morgan R. Butler III, Corp. Counsel, Port Washington, Wis., for defendants, Ozaukee County Handicapped Children's Educ. Bd., and Arthur Baranowski.

Joseph P. Stadtmueller by Charles A. Bohl, Asst. U.S. Atty., Milwaukee, Wis., for defendant, Secretary of the U.S. Dept. of Educ. and Terrel H. Bell.


DECISION AND ORDER

REYNOLDS, Chief Judge.

This case involves claims brought by a handicapped child and his parents for declaratory, injunctive, and monetary relief. In Count I, the plaintiffs allege that Brandon E. is being deprived of an appropriate education at public expense in violation of the Education for All Handicapped Children Act (EHA) (20 U.S.C. § 1401 et seq.); § 504 of the Rehabilitation...

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