· 9/5/2013
S.H. Ex Rel. Durrell v. Lower Merion School District
Citations
- 729 F.3d 248
- 2013 U.S. App. LEXIS 18458
- 2013 WL 4752015
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- clarifying that liability for money damages “is not dependent merely on whether the [defendants] erred in their determinations,” but requires evidence that the defendants had “knowledge” that their determination was wrong (emphasis added)
- finding this Court may not consider document not in the record
- \[C]laims for compensatory damages under ... § 202 of the ADA also require a finding of intentional discrimination.\
- “Deliberate indifference requires actual knowledge; allegations that one would have or ‘should have known’ will not satisfy the knowledge prong of deliberate indifference.”
- “Children with disabilities (and their parents) who claim violations of the IDEA can file a complaint with a due process hearing officer.” (citing 20 U.S.C. § 1415(b)(6))
- “Legislative history has never been permitted to override the plain meaning of a statute.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Rendell, Greenaway, Rosenthal
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.