United States Ninth Circuit

In a case arising from the claimed physical abuse of a four year old disabled child in a public school setting, denial of qualified immunity on 42 U.S.C. section 1983 claims against school officials is reversed in part where certain of the allegations, such as unexplained bruising and shoeless walks, did not rise to the level of constitutional claims. The denial of qualified immunity on the remainder of the claims is affirmed.

Appellate Information

• Argued 11/16/2006
• Decided 03/21/2007
• Published 03/21/2007

Judges

• McKEOWN, Circuit Judge., Before TASHIMA and McKEOWN, Circuit Judges, and DAVID A. EZRA , District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Mark E. Ferrario and Tami D. Cowden, Kummer Kaempfer Bonner Renshaw & Ferrario, Las Vegas, NV, for the appellants.


• For Appellees:
  
• Niels L. Pearson and Marianne C. Lanuti, Selman Breitman, LLP, Las Vegas, NV, for the appellees.