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BELL v. BOARD OF EDUC. OF ALBUQUERQUE PUBLIC SCHS.

No. CIV 06-1137 JB/ACT.

652 F.Supp.2d 1211 (2008)

Chanselor BELL, Plaintiff, v. BOARD OF EDUCATION OF the ALBUQUERQUE PUBLIC SCHOOLS, Defendant.

United States District Court, D. New Mexico.

August 29, 2008.

Attorney(s) appearing for the Case

Tara Ford, Pegasus Legal Services, Gail S. Stewart, Albuquerque, NM, for Plaintiff.

Michael L. Carrico, Samantha Adams, Modrall Sperling Roehl Harris & Sisk PA, Albuquerque, NM, for Defendant.

MEMORANDUM OPINION AND ORDER

JAMES O. BROWNING, District Judge.

THIS MATTER comes before the Court on APS' Motion to Dismiss, or in the Alternative for Summary Judgment on Plaintiffs' Claims for Damages, filed July 18, 2006 (Doc. 82). The Court held a hearing on July 28, 2008. The primary issues are: (i) whether damages for emotional distress, are available under Section 504 of the Rehabilitation Act; and (ii) whether damages for emotional...

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