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WITTE v. CLARK COUNTY SCHOOL DIST.

No. 98-16351.

197 F.3d 1271 (1999)

Shawn WITTE, a minor, by his next friend and Parent, Teresa Witte, Plaintiff-Appellant, v. CLARK COUNTY SCHOOL DISTRICT; Robert T. Henry, individually and in his official capacity as former Director of Program Development; Beverly J. Minnear, individually and in her official capacity as Principal of Variety School; Woodard Macke, individually and in his official capacity as teacher at Variety School, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 2, 1999.

Attorney(s) appearing for the Case

Sara V. Winter, Clark County Legal Services Program, Inc., Las Vegas, Nevada, for the plaintiff-appellant.

Jon M. Okazaki, Office of the General Counsel, Clark County School District, Las Vegas, Nevada, for the defendants-appellees.

Before: SCHROEDER, BEEZER, and GRABER, Circuit Judges.

GRABER, Circuit Judge:

Plaintiff Shawn Witte, through his "next friend" and parent Teresa Witte, brought this action against the Clark County School District (District) and three individuals. Plaintiff alleged violations of 42 U.S.C. § 1983, 29 U.S.C. § 794 (Rehabilitation Act), and 42 U.S.C. §§ 12101 to 12213 (Americans with Disabilities Act), along with tort claims under state law. The district court dismissed the action pursuant to Federal Rule...

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