Tyler

Tyler B. v. San Antonio Elementary School District

Good Law
253 F. Supp. 2d 1111·2003 WL 678199·2003 U.S. Dist. LEXIS 3189
United States District Court, Northern District of CaliforniaFebruary 27, 2003C-01-20878-JWCalifornia4,561 words

Opinion

Opinion

Ware, J.

ORDER GRANTING DEFENDANTS’ MOTION FOR RECONSIDERATION AND DECLINING TO ADDRESS MOTION FOR PARTIAL SUMMARY JUDGMENT

I. INTRODUCTION

This is a lawsuit brought by Tyler B., a minor, through a guardian ad litem against the San Antonio Union Elementary School District (“District”) and various District officials for violation of the minor’s civil rights. The minor is legally blind and suffers from a number of debilitating illnesses. The minor alleges that the District refused to implement an appropriate program to address his special educational and medical needs. He further contends that when his parents complained about this failure to the California Department of Education, the District and District officials retaliated against him in various ways which violated his constitutional rights under 42 U.S.C. § 1983 and other federal and state antidiscrimination laws.

In his complaint, Tyler B. names as Defendants San Antonio Union Elementary School District; John W. Wight; Cathy Hormann; Donna Booker; Mark Swi-hart; Michael Hardoy; and the Monterey County Office of Education (“Defendants”). Previously, the Defendants moved for partial summary judgment on the ground, among others, that…

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