U.S. Court of Appeals for the Fifth Circuit, 2020

Jon Doe v. Harlandale Indep School Dist

Jon Doe v. Harlandale Indep School Dist
U.S. Court of Appeals for the Fifth Circuit · Decided March 11, 2020

Jon Doe v. Harlandale Indep School Dist

Opinion

Case: 19-50654 Document: 00515341197 Page: 1 Date Filed: 03/11/2020

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 19-50654 March 11, 2020 Summary Calendar Lyle W. Cayce Clerk

JON HARLANDALE-GA DOE, Plaintiff−Appellant, versus HARLANDALE INDEPENDENT SCHOOL DISTRICT, Defendant−Appellee.

Appeal from the United States District Court for the Western District of Texas No. 5:18-CV-889

Before DAVIS, SMITH, and HIGGINSON, Circuit Judges.

PER CURIAM: * The plaintiff sued for relief under Section 504 of the Rehabilitation Act

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

Case: 19-50654 Document: 00515341197 Page: 2 Date Filed: 03/11/2020

No. 19-50654 of 1973 and 42 U.S.C. § 1983. The district court properly dismissed for failure to exhaust for not invoking the IDEA administrative review process. The court noted that the “exhaustion requirement applies even if relief is sought under other federal laws” such as § 1983. The defendant school district helpfully points out that just a few months after the district court entered judgment, this court reiterated this exhaustion requirement in McMillen v. New Caney Inde- pendent School District, 939 F.3d 640, 645−47 (5th Cir. 2019), petition for cert. filed (Jan. 30, 2020) (No. 19-972).

AFFIRMED.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.