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BIRMINGHAM BY BIRMINGHAM v. OMAHA SCHOOL DIST.

No. Civ. 98-3030.

17 F.Supp.2d 859 (1998)

Brenda Deann BIRMINGHAM, by her Guardian, Rose BIRMINGHAM, Plaintiffs, v. The OMAHA SCHOOL DISTRICT; David Land, Superintendent of the Omaha School District; Randy J. Centers, Principal of the Omaha School District; Larry Gilbert; Larry Matlock; Lanny Fausett; Pam Gass; David Arnold; Bill Curtis; Mike Fulton, as Current or Former Members of the Omaha School Board; James Strain, Omaha High School Special Education Teacher; Bill Gregg; Boone County Independent Living Center, Inc.; Lee Fraiser, Director, Arkansas Department of Human Services; Sue Habermehl, Jointly and Severally, Defendants.

United States District Court, W.D. Arkansas, Harrison Division.

August 14, 1998.

Attorney(s) appearing for the Case

Christopher O'Hara Carter, Flippin, AR, for Brenda Deann Birmingham by Rose Birmingham.

W. Paul Blume, Little Rock, AR, for Omaha School Dist., Randy J. Centers, Larry Gilbert, Larry Matlock, Lanny Fuefett, Pam Gass, David Arnold, Bill Curtis, Mike Fulton, James Strain.

Frank Alan GoBell, Arkansas Dept. of Human Services, Office of Chief Counsel, Little Rock, AR, for Lee Fraiser, Sue Habermehl.

MEMORANDUM OPINION

H. FRANKLIN WATERS, District Judge.

Plaintiffs filed this complaint pursuant to the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. § 1400-1485 (1990).1 Defendants Lee Fraiser, former Director of the Arkansas Department of Human Services ("ADHS") and Sue Habermehl, Consultant of the Adult Protective Services Division of the ADHS, move to dismiss plaintiffs' complaint as time barred...

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