United States Tenth Circuit
Couture v. Bd. of Educ. of the Albuquerque Pub. Sch., 07-2133
In a 42 U.S.C. section 1983 suit involving plaintiff's young child who suffers from severe emotional and mental health problems, challenging a school's use of "timeouts" and the characteristics of it's timeout room, denial of qualified immunity for individual educator defendants is reversed where defendants did not violate the child's Fourth Amendment right against unreasonable seizures or his Fourteenth Amendment procedural due process rights.
Appellate Information
- Decided 08/07/2008
- Published 08/08/2008
Judges
- McCONNELL, Circuit Judge., Before McCONNELL, SEYMOUR and GORSUCH, Circuit Judges.
Court
- United States Tenth Circuit
Counsel
- For Appellees:
- Brian K. Nichols, (Michael L. Carrico, with him on the briefs), Modrall, Sperling, Roehl, Harris & Sisk, P.A., Albuquerque, NM, for Defendants-Appellants., Gail Stewart, (Laurel Nesbitt, with her on the briefs), Steven Granberg, P.A., Albuquerque, NM, for Plaintiff-Appellee.