Barker v. Riverside County Office of Educ., No. 07-56313

In an action alleging a teacher's constructive termination arising out of plaintiff's complaints regarding the treatment of disabled students, dismissal of the complaint for lack of standing is reversed where the broad statutory language in section 504 of the Rehabilitation Act and its corresponding anti-retaliation provision in Title VI of the Civil Rights Act did not demonstrate that Congress intended to limit standing under section 504 to only those with disabilities.

Read Barker v. Riverside County Office of Educ., No. 07-56313

Appellate Information

Argued and Submitted December 12, 2008

Filed October 23, 2009

Judges

Opinion by Judge Pregerson

Counsel

For Appellant:

Janice S. Cleveland, Law Offices of Janice S. Cleveland, Riverside, CA

Gary S. Bennett, Law Offices of Gary S. Bennett, Laguna Hills, CA

For Appellee:

Jennifer D. Cantrell and Mark W. Thompson, Atkinson, Andelson, Loya, Ruud & Romo, Riverside, CA