ALPERSTEIN ET AL.

v.

THREE LAKES WATER AND SANITATION DISTRICT

Citator

Cited By (27 total)

• Dellmuth v. Muth, 491 U.S. 223 (U.S. 1989)
  …y, to [a] proceeding” brought under § 1415(e)(2), whatever remedy is sought, and that Congress thereby abrogated Eleventh Amendment immunity from suit in federal court. David D. v. Dartmouth School Comm., 775 F. 2d 411, 422 (CA1 1985), cert. denied, 475 U. S. 1140 (1986). Indeed, in those situations where a State has elected to provide educational services to the handicapped directly, or where under the EHA it is required to provide direct services, the State would appear [*236] to be the only proper defend…
• Roland M. and Miriam M. v. The Concord Sch. Comm., 910 F.2d 983 (1st Cir. 1990)
  ….L.Ann. ch. 71B, §§ 1-14 (West 1982 & Supp.1990). Because state standards are enforceable in federal court insofar as they are not inconsistent with federal rights, David D. v. Dartmouth School Comm., 775 F. 2d 411, 423 (1st Cir.1985), cert. denied, 475 U.S. 1140, 106 S.Ct. 1790, 90 L.Ed.2d 336 (1986); Burlington II, 736 F. 2d at 789 & n. 19, we refer to, and consider, Massachusetts law where relevant in the pages which follow. As' a procedural matter, the Act commands that states and local education agenci…
• Johnston v. Harris Cnty. Flood Control Dist., 869 F.2d 1565 (5th Cir. 1989)
  …at 1690, 75 L.Ed.2d at 720. The issue is one of law that we decide independently on appeal. Rankin, 483 U.S. at 386 & n. 9, 107 S.Ct. at 2897 & n. 9, 97 L.Ed.2d at 325 & n. 9; Gonzales v. Benavides, 774 F. 2d 1295, 1300 (5th Cir.1985), cert. denied, 475 U.S. 1140, 106 S.Ct. 1789, 90 L.Ed.2d 335 (1986). Johnston’s testimony at the EEO hearing meets the public concern requirement. HCFD’s description of Johnston’s testimony is correct: Johnston testified about a personnel dispute between HCFD and one of its em…