Parent's Inability To Recover Under § 1983 For Emotional Distress Experienced During IDEA Proceeding--Certiorari Denied
Denying certiorari, the United States Supreme Court let stand a Ninth Circuit decision that 42 U.S.C.A. § 1983 did not create a cause of action for money damages for any emotional distress or lost income a parent experienced during her successful effort to obtain benefits for her autistic son under the Individuals with Disabilities Education Act (IDEA).
Four circuits have concluded that § 1983 does provide such a cause of action to enforce the IDEA, and six circuits have concluded that it does not.
Blanchard v. Morton School Dist.
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