United States v. 2008-02-11 | 06-15157 | B.V. v EDUCATION DEPARTMENT | precedential | opinion |

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
 B.V., Individually and as Guardian
Ad Litem of J-C.V., an
incompetent minor, No. 06-15157
Plaintiff-Appellant, D.C. No.
v. CV 05-0116 JMS
EDUCATION DEPARTMENT OF THE ORDER
STATE OF HAWAII,
Defendant-Appellee. 
Appeal from the United States District Court
for the District of Hawaii
J. Michael Seabright, District Judge, Presiding
Argued and Submitted
November 5, 2007—Honolulu, Hawaii
Filed February 12, 2008
Before: Diarmuid F. O’Scannlain, A. Wallace Tashima, and
Milan D. Smith, Jr., Circuit Judges.
COUNSEL
Carl M. Varady, Honolulu, Hawaii, for the plaintiff-appellant.
Aaron H. Schulaner, Deputy Attorney General, Honolulu,
Hawaii, for the defendant-appellee.
1899

-- 1 of 4 --

ORDER
We affirm the judgment of the district court for the reasons
set forth in its Order Denying Plaintiff’s Motion to Reverse
Hearing Officer’s Decision and Order,1 and reported as B.V.
v. Department of Education, State of Hawaii, 451 F. Supp. 2d
1113 (D. Haw. 2005).
AFFIRMED.
1We do not reach the question of whether the Department of Education
committed any procedural violations because we agree with the district
court that, even if it did, such procedural violations did not prejudice any
of plaintiff’s rights. See 451 F. Supp. 2d at 1131-32.
1900 B.V. v. EDUCATION DEP’T OF THE STATE OF HAWAII

-- 2 of 4 --

-- 3 of 4 --

PRINTED FOR
ADMINISTRATIVE OFFICE—U.S. COURTS
BY THOMSON/WEST—SAN FRANCISCO
The summary, which does not constitute a part of the opinion of the court, is copyrighted
© 2008 Thomson/West.

-- 4 of 4 --