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STEVENSON v. INDEPENDENT SCHOOL DIST. NO. I-038

No. CIV-04-1598-C.

393 F.Supp.2d 1148 (2005)

Mark and Jackie STEVENSON; and Dustin "Chase" Stevenson, a minor, by and through his parents, Mark and Jackie Stevenson, Plaintiffs, v. INDEPENDENT SCHOOL DISTRICT NO. I-038 OF GARVIN COUNTY, OKLAHOMA, a/k/a Wynnewood Public Schools; Jim Stark, in his individual capacity; and Judith Barnes, in her individual capacity; and Board of Education for Wynnewood Public Schools, Defendants.

United States District Court, W.D. Oklahoma.

May 19, 2005.

Attorney(s) appearing for the Case

Michael H. Brady, Brady Schaulat & Falsetti, Oklahoma City, OK, for Plaintiffs.

Andrea R. Kunkel, Frederick J. Hegenbart, Jerry A. Richardson, Rosenstein Fist & Ringold, Tulsa, OK, for Defendants.

MEMORANDUM OPINION AND ORDER

CAUTHRON, District Judge.

Before the Court is a motion to dismiss filed by Defendants Jim Stark and Judith Barnes (the Individual Defendants). The Individual Defendants move for dismissal pursuant to Fed.R.Civ.P. 12(b)(6), asserting that Plaintiffs cannot predicate a § 1983 claim on a violation of Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101, et seq., or § 504 of the Rehabilitation...

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