DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

003746P.pdf   09/24/2001  James Costello  v.  Mitchell Public
   U.S. Court of Appeals Case No:  00-3746
   District of Nebraska   
   Civil case - Education law. Teacher's conduct toward's plaintiffs' 
   daughter, while unprofessional, did not rise to the level of a due 
   process violation; while district committed a procedural violation 
   of the Individuals With Disabilities Education Act by failing to provide 
   plaintiffs with a written notice, in light of plaintiffs' repeated failure 
   to provide the district with needed medical information, they could 
   not be heard to complain of the violation; plaintiffs failed to show 
   their daughter was either actually disabled or regarded as disabled 
   with the meaning of the ADA; teacher's conduct did not rise to the 
   level of intentional infliction of emotional distress; dissent by 
   Judge Clyde Hamilton of the Fourth Circuit, sitting by designation, 
   on the emotional distress claim.