Cooper v. Calderon
308 F.3D 1020, 2002.C09.0000993 , 2 CAL. DAILY OP. SERV. 10,496, 2002 DAILY JOURNAL D.A.R. 12,097
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Publisher Description
This appeal requires us to decide whether a plaintiff who seeks only money damages is required to exhaust administrative remedies before instituting a claim under 42 U.S.C. § 1983 predicated on a violation of the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §§ 1400-1485. Answering a question that has divided our sister circuits, we hold that when a plaintiff has alleged injuries that could be redressed to any degree by the IDEAs administrative procedures and remedies, exhaustion of those remedies is required. We therefore affirm the district courts dismissal.