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United States of America v. State of Georgia

REPLY BRIEF re MOTION to Dismiss Defendant's Motion to Dismiss, or in the Alternative, for Stay of Proceedings

34 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,123 times   280 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 16,041 times   505 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"

  3. Colorado River Water Cons. Dist. v. U.S.

    424 U.S. 800 (1976)   Cited 8,207 times   13 Legal Analyses
    Holding that, in limited circumstances, federal courts should abstain from deciding a case when there are related proceedings pending in state court

  4. Hendrick Hudson Dist. Bd. of Ed. v. Rowley

    458 U.S. 176 (1982)   Cited 3,089 times   10 Legal Analyses
    Holding that the Act establishes a substantive right to a FAPE for qualifying children

  5. Olmstead v. L. C

    527 U.S. 581 (1999)   Cited 910 times   9 Legal Analyses
    Holding that a state engages in disability discrimination if it institutionalizes individuals with disabilities when community-based placement could be reasonably accommodated, accounting for the resources available to the state and the needs of others with disabilities.

  6. Flores-Figueroa v. United States

    556 U.S. 646 (2009)   Cited 590 times   5 Legal Analyses
    Holding that the adverb "knowingly" in a criminal statute applies "to all the subsequently listed elements of the crime"

  7. Landis v. North American Co.

    299 U.S. 248 (1936)   Cited 8,332 times   6 Legal Analyses
    Holding that a decision to stay proceedings "calls for the exercise of judgment, which must weigh competing interests and maintain an even balance"

  8. S.E.C. v. Smyth

    420 F.3d 1225 (11th Cir. 2005)   Cited 645 times
    Holding general “obey-the-law” injunctions unenforceable

  9. Elend v. Basham

    471 F.3d 1199 (11th Cir. 2006)   Cited 291 times
    Holding that, without details about when, where, and how future protests would occur, general allegations regarding secret service's policy of restricting protestors to protest zones and plaintiffs' intent to attend future protests were insufficient to demonstrate an imminent, concrete injury

  10. Ortega Trujillo v. Conover Co. Comm

    221 F.3d 1262 (11th Cir. 2000)   Cited 229 times
    Holding that a stay was "indefinite" and thus unlawful where it would "expire only after a trial ... and the exhaustion of appeals" in another case

  11. Rule 65 - Injunctions and Restraining Orders

    Fed. R. Civ. P. 65   Cited 22,586 times   87 Legal Analyses
    Recognizing court's ability to enter emergency order with less than full adversary hearing and even, in appropriate circumstances, without notice

  12. Section 1415 - Procedural safeguards

    20 U.S.C. § 1415   Cited 7,203 times   17 Legal Analyses
    Holding that "before the filing of a civil action . . . seeking relief that is also available under [the IDEA], the [IDEA's administrative] procedures . . . shall be exhausted"

  13. Section 1400 - Short title; findings; purposes

    20 U.S.C. § 1400   Cited 6,550 times   12 Legal Analyses
    Finding of Congress that "the education of children with disabilities can be made more effective by ... ensuring that families ... have meaningful opportunities to participate"

  14. Section 1401 - Definitions

    20 U.S.C. § 1401   Cited 2,882 times   2 Legal Analyses
    Defining such plans

  15. Section 12133 - Enforcement

    42 U.S.C. § 12133   Cited 745 times
    Adopting the "remedies, procedures, and rights set forth in section 794a of Title 29"

  16. Section 1416 - Monitoring, technical assistance, and enforcement

    20 U.S.C. § 1416   Cited 75 times
    Authorizing the Secretary of Education to review state IDEA compliance and to withhold federal funds

  17. Section 20-2-152 - Special education services

    Ga. Code § 20-2-152   Cited 6 times

    (a) All children and youth who are eligible for a general and career education program under Code Section 20-2-151 and who have special educational needs shall also be eligible for special education services. Children from birth through four years of age, whose disabling condition is so severe as to necessitate early education intervention, may be eligible for special education services through programs operated by state schools for the handicapped, the psychoeducational program, or through programs

  18. Section 20-2-270 - Establishment of state-wide network

    Ga. Code § 20-2-270   Cited 5 times
    Explaining that regional educational service agencies are created by the state board of education

  19. Section 35.130 - General prohibitions against discrimination

    28 C.F.R. § 35.130   Cited 1,592 times   6 Legal Analyses
    Finding discrimination in violation of ADA when disabled persons have unequal opportunity to participate in state services or unequal ability to realize the benefit of those services

  20. Rule 160-4-7-.15 - Georgia Network for Educational and Therapeutic Support (GNETS)

    Ga. Comp. R. & Regs. 160-4-7-.15   Cited 2 times
    Stating GNETS includes "students with disabilities" who "exhibit intense social, emotional and/or behavioral challenges with a severity, frequency, or duration such that the provision of education and related services in the general education environment has not enabled him or her to benefit educationally based on the IEP"