Sammons v. Polk County School Board

1 Citing case

  1. K.A. v. Fulton Cnty. Sch. Dist.

    CIVIL ACTION FILE NO. 1:11-CV-727-TWT (N.D. Ga. Sep. 21, 2012)

    The Plaintiffs have not shown by a preponderance of the evidence that a FCSD policy or custom caused their injury. Furthermore, the Court finds persuasive the argument that because IDEA has constructed a comprehensive remedial framework, a plaintiff cannot assert a Section 1983 claim based upon the IDEA. Sammons v. Polk Cnty. Sch. Bd., No. 8:04-cv-2657-T-24 EAJ, 2007 U.S. Dist. LEXIS 90725, at *13-*16 (M.D. Fla. Dec. 10, 2007), citing Holbrook v. City of Alpharetta, Ga., 112 F.3d 1522, 1531 (11th Cir. 1997) (holding that a plaintiff cannot assert a Section 1983 claim for violation of the Americans with Disabilities Act or the Rehabilitation Act because those statutes had a comprehensive remedial framework); also see S.C. v. Cobb Cnty. Sch. Dist., No. 1:06-CV-02658, at *41 (N.D. Ga. Aug. 10, 2011) ("Plaintiffs may not assert ยง 1983 claims for IDEA violations and finds Sammons v. Polk County School Board, No. 8:04-cv-2657-T-24 EAJ, 2007 U.S. Dist. LEXIS 90725 (M.D. Fla. Dec. 10, 2007) to be persuasive on this point."). Several Circuit Courts of Appeals have ruled that plaintiffs cannot bring Section 1983 claims for violations of the IDEA.