DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
152617P.pdf 07/07/2016 Katie Moore v. Kansas City Public Schools
U.S. Court of Appeals Case No: 15-2617
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Riley, Author, with Loken and Benton, Circuit Judges]
Civil case - Individuals with Disabilities Education Act. The district
court erred in denying plaintiff's motion to remand this matter to state
court as her theories of defendants' liability arise out of Missouri
statutory and common law, and the disposition of her claims for premise
liability and negligent supervision are not dependent on a resolution of a
claim based onfederal law; even if the relief plaintiff requested were
available under both state law and the Individuals with Disabilities
Education Act, the well-pled complaint rule protects plaintiff's right to
choose a state law claim of action; non-IDEA claims that do not seek
relief under the IDEA are not subject to the Act's exhaustion requirement,
even if they allege injuries that could conceivably have been addressed by
the IDEA; plaintiff's request for attorney's fees is denied as defendants
had a reasonable basis for their request for removal; remanded with
directions to remand the case to the Missouri circuit court.