Case Citator › Payne ex rel. D.P. v. Peninsula School District

Payne ex rel. D.P. v. Peninsula School District

Is it still good law? What later courts have actually done to this case.

Overruled in part
Court
Ninth Circuit
Citation
653 F.3d 863
Decided
Confirmed treatments
2
Flagged citations read
52 of 52
Citing cases (total)
52
Treatment dates
2014–2019
Overruled in part
A reviewed court has overruled part of this case’s holding. Payne ex rel. D.P. v. Peninsula School District was overruled in part on how courts decide exhaustion disputes. The Ninth Circuit replaced Payne's motion procedure in Albino v. Baca; its IDEA holdings were not wholly overruled.
More on how this was screened

The Fifth Circuit also disagreed with Payne's exception for damages unavailable under the IDEA in McMillen v. New Caney Independent School District, but the Supreme Court later held in Luna Perez v. Sturgis Public Schools, 598 U.S. 142 (2023), that IDEA exhaustion does not bar an ADA suit seeking compensatory damages the IDEA cannot provide. Both confirmed treatments are listed below. All 52 flagged citations were read.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

52 later cases cite Payne ex rel. D.P. v. Peninsula School District; 52 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Payne ex rel. D.P. v. Peninsula School District?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Overruled in part

  • The en banc Ninth Circuit replaced Payne's use of an unenumerated Rule 12(b) motion for IDEA exhaustion with a summary judgment procedure and judicial factfinding when needed.

    Albino v. Baca · Ninth Circuit (en banc) · filed

    We recognize that our use of unenu-merated Rule 12(b) motions to decide exhaustion questions has not been limited to PLRA cases. See, e.g., Payne v. Peninsula Sch. Dish, 653 F.3d 863, 881 (9th Cir.2011) (en banc) (relying on Wyatt in describing procedures to be followed in deciding whether non judicial remedies under the Individuals with Disabilities Education Act had been exhausted); ... In light of the decisions of our sister circuits, and of our decision in this case, we believe that the basic procedure outlined here — under which a party may move for summary judgment on the exhaustion question, followed, if necessary, by a decision by the court on disputed questions of material fact relevant to exhaustion — is appropriate in these other contexts as well.
    Read the full opinion on CourtListener →

Declined to follow

  • The Fifth Circuit rejected Payne's exception for damages unavailable under the IDEA and required exhaustion for claims seeking damages for denial of a free appropriate public education.

    McMillen v. New Caney Independent School District · Fifth Circuit · filed

    but see Payne v. Peninsula Sch. Dist., 653 F.3d 863, 876−77 (9th Cir. 2011) (en banc) (requiring exhaustion when a plaintiff sought an IDEA remedy or its functional equivalent, such as money to pay for private school or tutoring, but not when seeking other damages) ... We therefore hold that the IDEA’s exhaustion requirement applies to plaintiffs who seek damages for the denial of a free appropriate public education.
    Read the full opinion on CourtListener →

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