Armstrong Ex Rel. Steffensen v. Alicante School
Opinion
Opinion
Damrell, J.
MEMORANDUM AND ORDER
Plaintiff John Armstrong, brings this action against defendant Alicante School and its owners and operators Associated Childcare Educational Services (“ACES”), Marty Weber, Jerry Waggoner and Owen Elmer alleging said defendants caused him to suffer personal injuries and violated his rights under the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. §§ 1400 et seq., 42 U.S.C. § 1983 , the Americans With Disabilities Act, 42. U.S.C. §§ 12101 et seq., and California Code of Regulations, Title 5, Division 1, §§ 3000 et seq. Defendants move for summary judgment, or in the alternative summary adjudication. For the reasons set forth below, defendants’ motion is granted.
BACKGROUND
Plaintiff John Armstrong is an emotionally disturbed and developmentally disabled individual. From 1991 through February 27, 1996, plaintiff was a student at the Alicante School (“Alicante”) in Carmichael, California. Alicante is a private school providing facilities for and educational services to individuals with behavioral, emotional, learning and developmental disabilities pursuant to a contract with Grant Union School District.