Witte ex rel. Witte v. Clark County School District

197 F.3d 1271
CourtCourt of Appeals for the Ninth Circuit
DecidedDecember 2, 1999
DocketNo. 98-16351
StatusPublished
Cited by3 cases

This text of 197 F.3d 1271 (Witte ex rel. Witte v. Clark County School District) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Witte ex rel. Witte v. Clark County School District, 197 F.3d 1271 (9th Cir. 1999).

Opinion

GRABER, Circuit Judge:

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.

Defendant District operates Variety School, a public school that provides special education for children with disabilities. Plaintiff attended Variety School from 1995 through January 1998. During that period, defendant Robert T. Henry was the Director of Program Development for the District; defendant Beverly J. Min-near was the Principal of Variety School; and defendant Woodard Macke was Plaintiffs teacher.

Plaintiff receives special education and related services from the District and has an individualized education program (IEP) pursuant to the IDEA. The IEP outlines the goals and objectives that Plaintiff seeks to accomplish in a given school year. Plaintiff alleges that the abuses described in his complaint, which will be summarized [1273]*1273below, served no legitimate educational purpose, but instead were inflicted solely to punish and humiliate Plaintiff for acts that were caused by his disabilities.

Plaintiff alleges that defendant Macke and his instructional assistant Michael Nelson physically, psychologically, and verbally abused him. For example, beginning in the winter of 1995, Defendants forced Plaintiff to eat oatmeal at school, even though Plaintiff is allergic to oatmeal and his mother had informed the teacher of the allergy. Macke and Nelson force-fed Plaintiff by having one of them hold Plaintiffs hands behind his back while the other forcibly fed Plaintiff oatmeal mixed with his own vomit. When Plaintiffs mother learned of the force feeding, she complained to defendant Minnear, who explained that she knew that the staff force-fed oatmeal to students; it was a form of punishment used in Variety School.

On December 6, 1995, an emergency room physician treated Plaintiff for red marks on his neck, which were diagnosed as being “consistent” with “strangulation.” Nelson, under the direction of Macke, had choked Plaintiff in an attempt to make him run faster; Plaintiff kept falling down. Plaintiff has deformed feet and legs and, therefore, is unable to run fast.

Plaintiff repeatedly was subjected to a procedure known as a “take down.” In a “take down,” Macke or another staff person under his direction forced Plaintiff onto a mat on the ground, on his stomach, and restrained Plaintiffs arms and legs by forcibly crossing them behind his back. Macke or another staff person under his direction sat on top of Plaintiff, applying pressure to his buttocks or spine, and refused . to get up until Plaintiff cried or screamed. The “take down” procedure was inflicted as punishment for actions that were related to Plaintiffs disabilities, such as his making involuntary body movements or tics.

Plaintiff had weights strapped to his ankles and was forced to walk on a treadmill, set at a high speed, in an effort to tire him or prevent him from leaving the classroom. When Plaintiff fell down on the treadmill, he was forcibly picked up ■ and made to continue. The inability to control movements, and the impulse to move, are common characteristics of the disabilities that Plaintiff has.

Plaintiff was deprived of meals if he was unable to cut his food using the appropriate utensils. He was sprayed in the face with water if he failed to stay on task. Plaintiff was forced to stay outside on the patio with no food or water for extended periods of time. He also was made to stand in a corner of the classroom for long periods, with his arms and hands behind his back.

In addition to enduring physical abuse, Plaintiff endured emotional abuse. For example, Macke frequently yelled and screamed degrading remarks at Plaintiff. Plaintiff was forced to write sentences such as “I will not tell my mom” or “I will not tic.” Plaintiff was threatened with physical harm if he ever told his mother what happened to him at school.

The foregoing abuses were inflicted on Plaintiff for making noise in the classroom, not running fast enough, not staying on task, not cutting his food, and making involuntary body movements. All these actions are characteristics of Plaintiffs disabilities and occurred because of his disabilities.

When Plaintiffs mother complained to Minnear about these classroom practices, she too was threatened. For example, Minnear threatened Plaintiffs mother that her son would be taken away from her if she tried to take him out of Variety School. Minnear and Macke likewise threatened Plaintiff that if he told his mother or others about what happened at school, he would be taken away from his mother, as well as being sent to jail for being a liar.

Eventually, however, with the agreement of the District, Plaintiff was moved to another school within the District, which [1274]*1274he has attended since January 1998.1 No abuse has occurred at the new school. Plaintiff is satisfied with his new placement and with the services that he has been receiving since January 1998.

After the transfer, Plaintiff filed a complaint in federal district court. He sought only monetary relief, both compensatory and punitive. Defendants moved to dismiss the action on the ground that Plaintiff had failed to exhaust administrative remedies under the IDEA. The district court granted the motion, and Plaintiff filed this timely appeal.

STANDARD OF REVIEW

‘Whether exhaustion is required under the IDEA in a particular case is a question of law that [this court] reviews de novo.” Doe v. Arizona Dep’t of Educ., 111 F.3d 678, 681 (9th Cir.1997). If a plaintiff is required to exhaust administrative remedies, but fails to, federal courts are without jurisdiction to hear the plaintiffs claim. See Dreher v. Amphitheater Unified Sch. Dist., 22 F.3d 228, 231 (9th Cir.1994).

DISCUSSION

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Related

Blanchard v. Morton School District
504 F.3d 771 (Ninth Circuit, 2007)
Witte v. Clark County School District
197 F.3d 1271 (Ninth Circuit, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
197 F.3d 1271, Counsel Stack Legal Research, https://law.counselstack.com/opinion/witte-ex-rel-witte-v-clark-county-school-district-ca9-1999.