Law Brief

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Legal Brief:

Doe v. Withers
Liability within the Educational System

EDED 6312
School Law
Dr. Jones
Dallas Baptist University
Spring 2012

Name of Case: Doe v. Withers
Civil Action Number: 92-C-92
Subject: Liability

The Facts: This civil court case takes place in a West Virginia school system located in Taylor County, when a general education high school history teacher failed to follow an IEP for Douglas Devart. During the case Devart and his parents Robert and Virginia ended up using aliases by the names of John Doe, Jane Doe and son D.D. Doe as a deterrent from the public so the family would not endure any additional embarrassment, slander, and/or liable regarding the son’s handicap. The defendants of this case were
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300.130 and implementing State Policy No. 2419, Section 1.3, 1.4 and 2.11.

The Opposing Viewpoints:

The school district and other participants were following law and federal regulations, however the general education teacher was not ensuing to the terms set forth in the IEP.

The Courts Decision and Analysis:

Doe v. Withers was decided in part of “section 1983”. Section 1983, also known as United States Code Section 1983 states,

“Every person who under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, Suit in equity, or other proper omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable.”.

Free and Appropriate Public Education (FAPE) mandates that school districts provide access to general education and specialized educational services, as stated in the
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