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FITZPATRICK v. TOWN OF FALMOUTH

No. CIV.04-45-P-H.

321 F.Supp.2d 119 (2004)

Gayle FITZPATRICK and Charles Rankowski, Individually and as Parents of J.R., a Minor, Plaintiffs v. TOWN OF FALMOUTH, et al., Defendants

United States District Court, D. Maine.

April 30, 2004.

Attorney(s) appearing for the Case

Ronald R. Coles, Law Office of Ronald R. Coles, Kennebunk, ME, for Charles A Rankowski, Gayle A Fitzpatrick, Plaintiffs.

Melissa A. Hewey, Drummond, Woodsum & MacMahon, Portland, ME, for Town of Falmouth, Barbara Powers, Steve Brinn, Timothy McCormack, Carolyn A Crowell, Defendants.

MEMORANDUM DECISION AND ORDER ON MOTIONS

HORNBY, District Judge.

The plaintiffs seek a preliminary injunction and the defendants seek dismissal of this lawsuit involving denial of playground privileges to a home-schooled autistic child. Because I cannot determine from the pleadings whether the plaintiffs should be required to exhaust their administrative remedies first, I rule on only some of the issues raised and direct oral argument on the remainder.<...

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