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.
171164P.pdf 08/15/2018 Eugene Nelson v. Charles City Community School
U.S. Court of Appeals Case No: 17-1164
U.S. District Court for the Northern District of Iowa - Waterloo
[PUBLISHED] [Colloton, Author, with Smith, Chief Judge, and Murphy,
Circuit Judge]
Civil case - Rehabilitation Act. This opinion is issued by Chief Judge
Smith and Judge Colloton pursuant to the provisions of 8th Cir. R. 47E.
Because the plaintiff's complaint under the Rehabilitation Act seeks
relief available under the Individuals with Disabilities Act - relief for
the denial of a Free and Appropriate Public Education - they must exhaust
their administrative remedies before filing a Rehabilitation Act suit;
none of the exceptions to exhaustion of administrative remedies applied,
and the district court properly granted granted summary judgment for
failure to exhaust administrative remedies.