Child
Child v. San Bernardino Unified School District
Opinion
Lead Opinion
MEMORANDUM **
David Child’s (“Child”) complaint filed on behalf of himself and his disabled son, Colin, alleged violations of the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 , et. seq. (“IDEA”), the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. (“ADA”), Title V of the Rehabilitation Act of 1973, 29 U.S.C. § 791 et seq. (“Rehabilitation Act”) and the Civil Rights Act of 1871, 42 U.S.C § 1983, and sought money damages and other relief.
*523 The district court dismissed the complaint, without prejudice but without leave to amend, under Rule 12(b)(1) for lack of subject matter jurisdiction because administrative remedies had not been exhausted under the IDEA prior to bringing suit. Child has appealed only the district court’s dismissal of his claims that he was retaliated against for advocating on behalf of the rights of himself and Colin. Child argues that the district court erred in dismissing his claims without leave to amend. He argues that he should be allowed to state at least claims under the ADA and Rehabilitation Act of 1973 for retrospective damages for personal injuries related to his allegation of retaliation. We agree.