C.O. v. PORTLAND PUBLIC SCHOOLS

Nos. 10-35340, 10-35402.

679 F.3d 1162 (2012)

C.O., a minor, Plaintiff, and Pat Oman, Plaintiff-Appellee, v. PORTLAND PUBLIC SCHOOLS, Multnomah School District No. 1; Constance Bull, individually and in her capacity as PPS Special Education Attorney, Defendants-Appellants, and Maxine Kilcrease, individually and in her capacity as PPS Program Director; Theresa Middleton, individually and in her capacity as PPS District representative; Janet Wagner, individually and in her capacity as PPS District representative; Jack Ubik, individually and in his capacity as Fernwood Middle School Principal; Alana Coulter, individually and in her capacity as PPS Special Education supervisor; Oregon Department of Education; Susan Castillo, individually and in her capacity as Superintendent of Public Schools; Portland Public School Board; Mary Mertz, PPS Director of Special Education; State of Oregon, by and through its Department of Education; Office of Administrative Hearings; Suzy Harris; Nancy Latini; Thomas Ewing; Deanna Hassanpour, in her official capacity as Deputy Chief Administrative Law Judge of the OAH; Vicki Phillips, PPS Superintendent, Defendants. C.O., a minor, Plaintiff, and Pat Oman, Plaintiff-Appellant, v. Portland Public Schools, Multnomah School District No. 1; Constance Bull, individually and in her capacity as PPS Special Education Attorney; Oregon Department of Education; Susan Castillo, individually and in her capacity as Superintendent of Public Schools; Suzy Harris; Nancy Latini; Office of Administrative Hearings; Thomas Ewing; Deanna Hassanpour, in her official capacity as Deputy Chief Administrative Law Judge of the OAH, Defendants-Appellees, and Maxine Kilcrease, individually and in her capacity as PPS Program Director; Theresa Middleton, individually and in her capacity as PPS District representative; Janet Wagner, individually and in her capacity as PPS District representative; Jack Ubik, individually and in his capacity as Fernwood Middle School Principal; Alana Coulter, individually and in her capacity as PPS Special Education supervisor; Portland Public School Board; Mary Mertz, PPS Director of Special Education; State of Oregon, by and through its Department of Education; Vicki Phillips, PPS Superintendent, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed May 14, 2012.


Attorney(s) appearing for the Case

Bruce L. Campbell , Miller Nash LLP, Portland, OR, argued the cause and filed the briefs for the appellants-cross appellees, Portland Public Schools, Multnomah School District, No. 1 and Constance Bull. With him on the briefs was J. Michael Porter , Miller Nash LLP, Portland, OR.

Pat Oman , pro se, Portland, OR, argued the cause and filed the briefs for the appellee-cross appellant.

Inge D. Wells , Oregon Department of Education, Salem, OR, argued the cause and filed the brief on behalf of the cross-appellees, the Oregon Department of Education, Susan Castillo, Suzy Harris, Nancy Latini, Chief Administrative Law Judge Thomas Ewing, and Deputy Chief Administrative Law Judge Deanna Hassanpour.

Before: DIARMUID F. O'SCANNLAIN and JOHNNIE B. RAWLINSON, Circuit Judges, and DONALD W. MOLLOY, District Judge.


OPINION

O'SCANNLAIN, Circuit Judge:

We must decide, among other things, whether a parent may bring a claim for nominal damages under the Individuals with Disabilities Education Act.

I

In the 1970s, there was considerable concern about the manner in which children with disabilities were educated in this country, particularly the tendency of educators to isolate them from their non-disabled peers. Congress responded by passing the Education...

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