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DAVIS v. FRANCIS HOWELL SCHOOL DISTRICT

No. 96-2903.

104 F.3d 204 (1997)

Mary DAVIS, individually; Bobby D. Davis, individually and as next friends for a minor Shane Davis, Plaintiffs/Appellants, v. FRANCIS HOWELL SCHOOL DISTRICT; Roger Russell; Vicky Stewart; Joan Powlishta, Defendants/Appellees.

United States Court of Appeals, Eighth Circuit.

Decided January 9, 1997.

Attorney(s) appearing for the Case

Stephen E. Rothenberg, St. Louis, MO, argued (Rebecca S. Stith, on the brief), for appellant.

Robert J. Tomaso, St. Louis, MO, argued (Lucy A. Singer, Peter G. Yelkovac, on the brief), for appellee.

Before WOLLMAN and MURPHY, Circuit Judges, and TUNHEIM, District Judge.

MURPHY, Circuit Judge.

Mary and Bobby Davis appeal from the denial of preliminary injunctive relief requiring the Francis Howell School District to administer a particular dose of Ritalin SR to their son Shane who suffers from attention deficit hyperactivity disorder (ADHD). The Davises allege that the district's refusal to administer the medication violates Title II of the Americans With Disabilities Act (ADA), 42 U.S.C. § 12131 et seq., § 504 of...

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