Legal Opinion
McDowell v. Fort Bend Independent School District
District Court, S.D. Texas
Decided April 30, 1990No. Civ. A. H-89-3670PublishedCited by 10 opinions
1Opinion of the Court
ORDER
HOYT, District Judge.
Pending before the Court is the defendants’ motion to dismiss for failure to state a claim upon which relief can be granted.
The plaintiffs bring this suit under 42 U.S.C. § 1983, The Education of the Handicapped Act, 20 U.S.C. §§ 1400-1420 (“EHA”), § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and the due process and equal protection clauses of the 5th and 14th Amendments. The plaintiffs seek declaratory and injunctive relief; they are Steve and Eileen McDowell, parents of Melody McDowell, and have brought this lawsuit on behalf of their 23 year old…
2Cases cited11 opinions
- Steffel v. ThompsonSupreme Court of the United States · 1974
- Honig v. DoeSupreme Court of the United States · 1988
- Nebraska Press Assn. v. StuartSupreme Court of the United States · 1976
- United States v. Utah Construction & Mining Co.Supreme Court of the United States · 1966
- Hardin v. StraubSupreme Court of the United States · 1989
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Texas Advocates Supporting Kids with Disabilities v. Texas Education AgencyCourt of Appeals of Texas · 2003
- K.P. v. JuzwicDistrict Court, D. Connecticut · 1995
- Murphy Ex Rel. Murphy v. Timberlane Regional School DistrictDistrict Court, D. New Hampshire · 1993
- Pass v. Rollinsford School DistrictDistrict Court, D. New Hampshire · 2013
- Klein Independent School District v. HovemDistrict Court, S.D. Texas · 2010
5 more not listed; retrieve them via the Exa API.