WILLIAMS v. OVERTURF

No. 83-C-879-S.

580 F.Supp. 1365 (1984)

Rachel R. WILLIAMS, a minor, and Roger L. Williams and Rebecca Williams, individually and as parents of Rachel R. Williams, Plaintiffs, v. Joseph M. OVERTURF, individually and as Director of Special Education for the School District of the Menomonie Area, Wisconsin; Brian A. Benson, individually and in his official capacity as the M-Team Coordinator and School Psychologist for the School District of the Menomonie Area, Wisconsin; the School District of the Menomonie Area, Wisconsin, a municipal corporation organized under the laws of Wisconsin; the School Board of Directors of the Menomonie Area, Wisconsin School District, and Judy Ganzmiller in her official capacity as President of this Board; David R. Ross in his official capacity as the Superintendent of the School District of the Menomonie Area, Wisconsin; and Herbert J. Grover, individually and in his official capacity as the Superintendent of the Wisconsin Department of Public Instruction, his employees, agents and attorneys, Defendants.

United States District Court, W.D. Wisconsin.

February 24, 1984.


Attorney(s) appearing for the Case

Don A. Hermanson, Wisconsin Judicare, Inc., Wausau, Wis., John Franz, Wis. Coalition for Advocacy, Inc., Madison, Wis., for plaintiffs.

Michael E. Perino, Mulcahy & Wherry, Daniel D. Stier, Asst. Atty. Gen., Madison, Wis., for defendants.


MEMORANDUM AND ORDER

SHABAZ, District Judge.

Before the Court are the motions of the defendants to dismiss this action which is principally based on the Education for All Handicapped Children Act (EHA), 20 U.S.C. § 1401 et seq. Jurisdiction is asserted under 20 U.S.C. § 1415(e)(4) and 28 U.S.C. §§ 1331 and 1343. The facts as alleged are as follows:

FACTS

Plaintiff Rachel Williams is an eight-year-old child living with...

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