Witte ex rel. Witte v. Clark County School District
Opinion
Lead Opinion
Graber, J.
Plaintiff Shawn Witte, through his “next friend” and parent Teresa Witte, brought this action against the Clark County School District (District) and three individuals. Plaintiff alleged violations of 42 U.S.C. § 1983 , 29 U.S.C. § 794 (Rehabilitation Act), and 42 U.S.C. §§ 12101 to 12213 (Americans with Disabilities Act), along with tort claims under state law. The district court dismissed the action pursuant to Federal Rule of Civil Procedure 12(b)(1) on the ground that Plaintiff had failed to exhaust administrative remedies under 20 U.S.C. § 1415 (Individuals with Disabilities Education Act, or IDEA). We reverse.
FACTUAL AND PROCEDURAL BACKGROUND
Because the district court dismissed the action on the ground that Plaintiffs complaint failed to allege a basis for federal subject-matter jurisdiction, we take the facts pleaded in the complaint as true. See Trentacosta v. Frontier Pac. Aircraft Indus., Inc., 813 F.2d 1553 , 1558 (9th Cir. 1987).
Plaintiff was, at the time the complaint was filed in May of 1998, 10 years old. He has been diagnosed with Tourette’s Syndrome, asthma, attention deficit hyperactivity disorder, and emotional problems.