JH v. Lake Central School Corporation
Plaintiff: JH
Defendant: Lake Central School Corporation
Case Number: 2:2011cv00228
Filed: June 28, 2011
Court: US District Court for the Northern District of Indiana
Office: Hammond Office
County: Lake
Presiding Judge: Paul R Cherry
Presiding Judge: Joseph S Van Bokkelen
Nature of Suit: Other Civil Rights
Cause of Action: 20 U.S.C. ยง 1415
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
February 11, 2015 Opinion or Order Filing 142 OPINION AND ORDER granting School Defendants 138 Motion for Reconsideration; court rescinds the portion of previous 137 Order that ordered remand to the hearing officer. Additionally, the Court denies Plaintiffs 141 Motion for Hearing on this issue. Consequently, the remaining issues before the Court are the Plaintiffs claim for attorneys fees as a prevailing party and § 1983 claim. Plaintiffs are permitted to submit a brief on the issue of summer 2011 reimbursement within thirty days of theissuance of this Order. Signed by Judge Joseph S Van Bokkelen on 2/11/15. (mc)
September 30, 2014 Opinion or Order Filing 137 OPINION AND ORDER granting in part and denying in part each 114 , 120 motion for summary judgment. Court AFFIRMS the IHOs conclusion that the School violated the Familys rights under the IDEA, but VACATES his order that the School pay tuiti on and transportation costs for J.H. to attend a therapeutic day treatment school of his parents choice for two years, up to $50,000 per year. The Court REMANDS to the IHO to consider explicitly, in a manner consistent with this Order, wh ether the Family is entitled to reimbursement for J.H.s private placement. The requests for summary judgment on the § 1983 claims are DENIED. The 108 Motion to dismiss is GRANTED IN PART AND DENIED IN PART. Claim I of the third amended complaint is DISMISSED insofar as it seeks monetary damages, and Claim II is DISMISSED as against Lake Central. In all other respects, the third amended complaint stands. Signed by Judge Joseph S Van Bokkelen on 9/30/14. (mc)
August 19, 2013 Opinion or Order Filing 102 OPINION AND ORDER granting 85 Motion to Dismiss. J.H. has failed to state a plausible claim against Verracco and Machuca. Verracco and Machucas Motion to Dismiss 85 is GRANTED. J.H.s § 1983 claim is dismissed without prejudice. The IIED claim is dismissed with prejudice, as the Court finds that further amendment would be futile. J.H. may file a third amended complaint within thirty days. Signed by Judge Joseph S Van Bokkelen on 8/19/2013. (rmn)
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Plaintiff: JH
Represented By: Alexandra M Curlin
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Defendant: Lake Central School Corporation
Represented By: Monica J Conrad
Represented By: Barbra A Stooksbury
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