Legal Opinion

Dohmen Ex Rel. Dohmen v. Twin Rivers Public Sch.

District Court, D. Nebraska

Decided June 14, 2002No. 4:02 CV 3052PublishedCited by 5 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

KOPF, District Judge.

This action is brought on behalf of a special education student to recover damages under Title II of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12131-12165. It is claimed that the defendant school district, board members, and school officials discriminated against the plaintiffs’ son by imposing a one-year expulsion for his bringing a gun onto school property. 1

The defendants have moved to dismiss the complaint pursuant to Fed.R.Civ.P. 12(b)(6), and contend that (1) the plaintiffs’ exclusive remedy is under the Individuals with…

2Cases cited59 opinions

  1. New Jersey v. T. L. O.Supreme Court of the United States · 1985
  2. Maine v. ThiboutotSupreme Court of the United States · 1980
  3. Middlesex County Sewerage Authority v. National Sea Clammers Assn.Supreme Court of the United States · 1981
  4. School Committee of the Town of Burlington v. Department of EducationSupreme Court of the United States · 1985
  5. Franklin v. Gwinnett County Public SchoolsSupreme Court of the United States · 1992

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3Cited by5 opinions

  1. Bowers v. National Collegiate Athletic Ass'nDistrict Court, D. New Jersey · 2008
  2. Patrick v. Success Acad. Charter Sch., Inc.District Court, E.D. New York · 2018
  3. Ellenberg v. New Mexico Military InstituteCourt of Appeals for the Tenth Circuit · 2009
  4. C.S. ex rel. Scott v. Missouri State Board of EducationDistrict Court, E.D. Missouri · 2009
  5. Larsen v. Papillion La Vista Community School DistrictDistrict Court, D. Nebraska · 2023

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