LAURA HICKEY, PLAINTIFF-APPELLANT,
v.
IRVING INDEPENDENT SCHOOL DISTRICT, ET AL., DEFENDANTS-APPELLEES
LAURA HICKEY, PLAINTIFF-APPELLANT,
IRVING INDEPENDENT SCHOOL DISTRICT, ET AL., DEFENDANTS-APPELLEES
986 F.2d 916
Court of Appeals for the Fifth Circuit (1993)
Negative Treatment
Cited by 6 cases
Opinion of the Court
BY THE COURT:
IT IS ORDERED that the motion of appellees to recall the Court’s mandate, 976 F. 2d 980 (1992), vacate its opinion and uphold the trial court’s judgment dismissing this case is DENIED. We, however, express no opinion on appellees’ contention that appellant failed to exhaust her administrative remedies under 20 U.S.C. § 1400, et seq., the Individuals with Disabilities Education Act (“IDEA”). As appellees correctly point out, they were not served with the complaint and were not made parties below.
Accordingly, the district court, on remand, may reconsider its 28 U.S.C. § 1915(d) dismissal not only in light of the timeliness of Hickey’s complaint, but also examine whether Hickey exhausted her administrative remedies under IDEA. See 20 U.S.C. § 1415(f).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
United States v. Dickerson, 370 F.3d 1330 (11th Cir. 2004)
-
Blaik v. United States, 117 F.3d 1288 (11th Cir. 1997)
-
United States v. Cronin, 990 F.2d 663 (1st Cir. 1993)
Authorities Cited
- Hickey v. Irving Indep. Sch. Dist., 976 F.2d 980 (5th Cir. 1992)