Oscar v. Alaska Department of Education & Early Development
Court of Appeals for the Ninth Circuit
1Opinion of the Court
D.W. NELSON, Senior Circuit Judge:
John Oscar filed a lawsuit under the Individuals with Disabilities Education Act (“IDEA”) and 42 U.S.C. § 1983 against the Alaska Department of Education and Early Development (“DEED”). The lawsuit alleged that DEED violated his rights under the IDEA when it refused to accept his administrative complaint. DEED filed a successful Rule 12(b)(6) motion and the lawsuit was dismissed without prejudice because the administrative complaint was not signed. The district court awarded attorneys’ fees to DEED as the prevailing party pursuant to 20 U.S.C. §…
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