Brian Doe v. Pleasant Valley School Dist. ( 2018 )

United States Court of Appeals
For the Eighth Circuit
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No. 18-1103
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Brian Doe; Jane Doe; Robert Doe
lllllllllllllllllllllPlaintiffs - Appellants
v.
Pleasant Valley School District; Mississippi Bend Area Education Agency
lllllllllllllllllllllDefendants - Appellees
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Appeal from United States District Court
for the Southern District of Iowa - Davenport
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Submitted: November 20, 2018
Filed: December 18, 2018
[Unpublished]
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Before BENTON, BOWMAN, and ERICKSON, Circuit Judges.
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PER CURIAM.
In this action alleging violations of Section 504 of the Rehabilitation Act of
1973 and Title II of the American with Disabilities Act (ADA), Brian Doe, Jane Doe,
and Robert Doe appeal from the order of the District Court1 granting summary
judgment to the defendants. After de novo review, we conclude that the District
Court properly granted summary judgment because the Does could not establish that
the defendants acted in bad faith or with gross misjudgment when they offered
student Brian Doe an individualized education plan. See B.M. ex rel. Miller v.
S. Callaway R-II Sch. Dist., 732 F.3d 882, 886, 887 (8th Cir. 2013) (describing the
standard of review and explaining that “where alleged ADA and § 504 violations are
based on educational services for disabled children, the plaintiff must prove that
school officials acted in bad faith or with gross misjudgment”) (cleaned up). We
affirm.
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1
The Honorable Stephanie M. Rose, United States District Judge for the
Southern District of Iowa.
-2-