Legal Opinion

A.W. v. Jersey City Public Schools

Court of Appeals for the Third Circuit

Decided May 24, 2007No. 05-2553PublishedCited by 47 opinions

1Opinion of the Court

OPINION OF THE COURT

RENDELL, Circuit Judge.

In this appeal, we reexamine our holding in W.B. v. Matula, 67 F.3d 484 (3d Cir.1995), that an action can be maintained against school officials under 42 U.S.C. § 1983 for violations of the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. § 1400 et seq. We do so in light of the Supreme Court’s reasoning in City of Rancho Palos Verdes v. Abrams, 544 U.S. 113, 125 S.Ct. 1453, 161 L.Ed.2d 316 (2005), regarding the availability of § 1983 to redress violations of federal statutory rights and the opinions of our sister courts of appeals that…

2Cases cited50 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  3. Scott v. HarrisSupreme Court of the United States · 2007
  4. Mitchell v. ForsythSupreme Court of the United States · 1985
  5. Cannon v. University of ChicagoSupreme Court of the United States · 1979

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3Cited by47 opinions

  1. Chambers v. School District of Philadelphia Board of EducationCourt of Appeals for the Third Circuit · 2009
  2. P.P. Ex Rel. Michael P. v. West Chester Area School DistrictCourt of Appeals for the Third Circuit · 2009
  3. Costabile v. NYCHHCCourt of Appeals for the Second Circuit · 2020
  4. Lewal v. AliCourt of Appeals for the Third Circuit · 2008
  5. B.D. ex rel. Davis v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 2016

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