Legal Opinion
Thomas v. Staats
District Court, S.D. West Virginia
Decided December 19, 1985No. Civ. A. 83-A094PublishedCited by 9 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
HADEN, Chief Judge.
This is an action under the Education for All Handicapped Children’s Act of 1975 (EAHCA). Pending before the Court is the Defendants’ motion for summary judgment. As ground for their motion, the Defendants claim that the Plaintiffs’ action was untimely brought, i.e., that it falls outside the period of limitations applicable to this type of action.
I. Background
Janet Thomas Meek instituted this action on behalf of her daughter, Sarah Thomas. Sarah, who was twenty years of age at the time suit was filed, is mentally retarded, speech impaired and…
2Cases cited30 opinions
- Wilson v. GarciaSupreme Court of the United States · 1985
- DelCostello v. International Brotherhood of TeamstersSupreme Court of the United States · 1983
- Board of Education of the Hendrick Hudson Central School District v. Rowley Ex Rel. RowleySupreme Court of the United States · 1982
- Johnson v. Railway Express Agency, Inc.Supreme Court of the United States · 1975
- Holmberg v. ArmbrechtSupreme Court of the United States · 1946
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3Cited by9 opinions
- Joseph Spiegler v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1989
- School Bd. of County of York v. NicelyCourt of Appeals of Virginia · 1991
- Doe v. AlfredDistrict Court, S.D. West Virginia · 1995
- Board of Education of County of Cabell v. DieneltCourt of Appeals for the Fourth Circuit · 1988
- John Schimmel, a Minor, by His Parents and Next Friends John & Betty Schimmel and John Schimmel, Betty Schimmel v. Robert Spillane, Supt. Fairfax Co. Public Schools Fairfax Co. Bd. Of Education John Davis, Supt. Va. Dept. Of Education, the American Civil Liberties Union Foundation of Virginia, Inc., Amicus Curiae. John Schimmel, a Minor, by His Parents and Next Friends John & Betty Schimmel and John Schimmel, Betty Schimmel v. Robert Spillane, Supt. Fairfax Co. Public Schools Fairfax Co. Bd. Of Education, and John Davis, Supt. Va. Dept. Of Education, John Schimmel, a Minor, by His Parents and Next Friends John & Betty Schimmel and John Schimmel, Betty Schimmel v. John Davis, Supt. Va. Dept. Of Education, and Robert Spillane, Supt. Fairfax Co. Public Schools Fairfax Co. Bd. Of EducationCourt of Appeals for the Fourth Circuit · 1987
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