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OSCAR v. ALASKA DEPT. OF EDUC. AND EARLY DEV.

No. 07-35795.

541 F.3d 978 (2008)

John OSCAR, Plaintiff-Appellant, v. ALASKA DEPARTMENT OF EDUCATION AND EARLY DEVELOPMENT, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 3, 2008.

Attorney(s) appearing for the Case

Megan K. Allison, David C. Fleurant and Jacob C. Kammermeyer, Disability Law Center of Alaska, Juneau, AK, for the plaintiff-appellant.

Stephen C. Slotnick, Assistant Attorney General, Juneau, AK, for the defendant-appellee.

Before: D.W. NELSON, A. WALLACE TASHIMA, and RAYMOND C. FISHER, Circuit Judges.

D.W. NELSON, Senior Circuit Judge:

John Oscar filed a lawsuit under the Individuals with Disabilities Education Act ("IDEA") and 42 U.S.C. § 1983 against the Alaska Department of Education and Early Development ("DEED"). The lawsuit alleged that DEED violated his rights under the IDEA when it refused to accept his administrative complaint. DEED filed a successful Rule 12(b)(6) motion and the lawsuit was dismissed without prejudice because the administrative complaint...

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