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PORTER v. BOARD OF TRUSTEES OF MANHATTAN BEACH

No. 01-55032.

307 F.3d 1064 (2002)

Dashiel PORTER, by and through his Guardian ad Litem Deborah Blair PORTER; John Porter, an individual; Deborah Blair Porter, an individual, Plaintiffs-Appellants, v. BOARD OF TRUSTEES OF MANHATTAN BEACH UNIFIED SCHOOL DISTRICT; Manhattan Beach Unified School District; Gerald F. Davis, in his Official Capacity as Superintendent of Manhattan Beach Unified School District; Linda M. Jones, individually; Linda M. Jones, in her Official Capacity as Director of Pupil Personnel Services of Manhattan Beach Unified School District; Board of Education of the State of California; California Department of Education; Delaine Eastin, in her Official Capacity as State Superintendent of Public Instruction for the State of California; Gerald F. Davis, individually, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 8, 2002.

Attorney(s) appearing for the Case

Steven M. Wyner, Manhattan Beach, CA, for the plaintiffs-appellants.

Andrew V. Arczynski, Filarsky & Watt, Ojai, CA, for the defendants-appellees Board of Trustees of Manhattan Beach Unified School District and Manhattan Beach Unified School District.

John W. Allen, Gibeaut, Mahan & Briscoe, Los Angeles, CA, for the defendants-appellees Linda M. Jones and Gerald F. Davis.

Allan H. Keown, Deputy General Counsel, California Department of Education, Sacramento, California, for the defendants-appellees Board of Education of the State of California, California Department of Education and Delaine Eastin.

Mark L. Gross and Seth M. Galanter, United States Department of Justice Civil Rights Division, Washington, D.C., for the amicus United States of America.

Before: HAWKINS and FISHER, Circuit Judges, WEINER, District Judge.

FISHER, Circuit Judge.

The plaintiffs, a child with a disability and his parents, filed this suit under the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. § 1400 et seq., and 42 U.S.C. § 1983. They allege that the failure of the defendants to implement the directives of an order issued as a result of an IDEA due process hearing denied Dashiel Porter a free appropriate public education. The...

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