SHIELDS v. HELENA SCHOOL DIST. NO. 1

No. 96-471.

943 P.2d 999 (1997)

Greg SHIELDS, Kerbie Shields, individually and as parents and guardians of Nathan Shields, and Nathan Shields, on his own behalf, Plaintiffs and Appellants, v. HELENA SCHOOL DISTRICT NO. 1, C.R. Anderson School, Helena School District No. 1 Trustees, Supt. Gary Toothaker, Sec. 504 Coordinator Shirley Devoe, Title IX Coordinator Marion Evenson, C.R. Anderson Principal Pep Jewell, C.R. Anderson School Assistant Principal Bruce Campbell, Team Teachers: Carl Anderberg, Cathy Collins, Hans Martin, in their capacities as team teachers only, Pat Grassl, Lona Carter, individually and in her official capacity as instructor and counselor at C.R. Anderson School, and William G. Everett, individually and in his official capacity as an instruction and advisor at C.R. Anderson School, Defendants and Respondents.

Supreme Court of Montana.

Decided August 7, 1997.


Attorney(s) appearing for the Case

Matthew J. Sisler, Missoula, for Plaintiffs and Appellants.

Terry B. Cosgrove, Steven R. Milch; Crowley, Haughey, Hanson, Toole & Dietrich, Billings, P. Keith Keller; Keller, Reynolds, Drake, Johnson & Gillespie, Helena, Allen B. Chronister; Chronister, Moreen & Larson, Helena, for Defendants and Respondents.


NELSON, Justice.

Greg, Kerbie and Nathan Shields (the Shieldses) brought this action in the District Court for the First Judicial District, Lewis and Clark County, to recover monetary damages for alleged violations of their constitutional rights and other claims. On Defendants' motion, the District Court dismissed the action on the basis that the Shieldses failed to exhaust the administrative procedures available under federal and state law. The Shieldses appeal the...

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