Opinion

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

  • 623 F. App'x 846
Court
Court of Appeals for the Ninth Circuit
Filed
Aug 3, 2015
Status
Published
On the bench
Friedland, Nguyen, Zouhary
Cited by
4 cases
Authority
More cited than 50.1%

finding qualified immunity applied where teacher placed autistic student in prolonged seclusions as a punishment and had student assist in cleaning up after he defecated ip the seclusion room

How later courts described this case

  • finding qualified immunity applied where teacher placed autistic student in prolonged seclusions as a punishment and had student assist in cleaning up after he defecated ip the seclusion room
  • no violation of clearly established rights where teacher repeatedly placed autistic student in prolonged isolation in a small, dark room as a punishment and had student assist in cleaning up after he defecated in the room, both of which violated student’s IEP

Written by the judges who cited it.

The opinion

MEMORANDUM **

Jodi Coy appeals the district court’s denial of summary judgment and qualified immunity. We have jurisdiction under 28 U.S.C. § 1291 . Reviewing de novo, Preschooler II v. Clark Cty. Sch. Bd. Of Trs., 479 F.3d 1175 , 1179 (9th Cir.2007), we reverse. The case is remanded for further proceedings on Plaintiffs remaining Mo-nell and state law claims.

Coy is entitled to qualified immunity with respect to Plaintiffs Fourth Amendment claim because, at the time she acted, it would not have been clear to a *848 reasonable official that placing D.P. in the safe room, as part of his aversive and behavioral intervention plan, was an unconstitutional seizure. See Ashcroft v. al-Kidd, 563 U.S. 731 , 131 S.Ct. 2074, 2083-85 , 179 L.Ed.2d 1149 (2011); Couture v. Bd. of Educ. of Albuquerque Pub. Schs., 535 F.3d 1243 (10th Cir.2008); Wash. Admin. Code § 392-172-394 (2005).

Likewise, Coy is entitled to qualified immunity with respect to Plaintiffs Fourteenth Amendment claim because, at the time Coy acted, it would not have been clear to a reasonable official that having D.P. assist in cleaning up after he defecated in the safe room violated D.P.’s substantive due process rights. See Harris v. Robinson, 273 F.3d 927, 931-32 (10th Cir. 2001).

REVERSED AND REMANDED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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