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PATRICK W. v. LEMAHIEU

No. Civ. 98-00843ACK.

165 F.Supp.2d 1144 (2001)

PATRICK and Kathy W., on their own behalf and on behalf of their son Andrew W., on his own behalf and on behalf of all children similarly situated, Plaintiffs, v. Paul LEMAHIEU, in his official capacity as Superintendent of the Hawaii Public Schools; and Lawrence Miike, in his official capacity as Director of the Department of Health, Defendants.

United States District Court, D. Hawai`i.

April 16, 2001.

Attorney(s) appearing for the Case

Stanley E. Levin, Davis Levin Livingston Grande, Honolulu, HI, for plaintiffs.

Russell A. Suzuki, Steven K. Chang, Dept. of Atty. General, Honolulu, HI, for defendants.

Michael Chun, Office of U.S. Atty., Honolulu, HI, for respondent.

ORDER DENYING DEFENDANTS' MOTION TO DISMISS ON THE BASIS OF ELEVENTH AMENDMENT IMMUNITY

KAY, District Judge.

BACKGROUND

Patrick and Kathy W. are parents of Andrew (collectively "Plaintiffs"), an autistic student certified as eligible for special education services under the Individuals with Disabilities Education Act ("IDEA"). In the spring of 1997, Andrew was enrolled at Pauoa Elementary School. Plaintiffs allege that...

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