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EASON v. CLARK COUNTY SCHOOL DIST.

Nos. 00-17370, 00-17377, 01-15692 and 01-15749.

303 F.3d 1137 (2002)

Derrick EASON; Serena Eason, Plaintiffs-Appellants, v. CLARK COUNTY SCHOOL DISTRICT; Robert T. Henry; Mila Kitt; Beverly J. Minnear, Defendants-Appellees. Derrick Eason; Serena Eason, Plaintiffs-Appellants, v. Clark County School District; Robert T. Henry; Mila Kitt; Beverly J. Minnear, Defendants-Appellees. Shawn Witte, a Minor, by his next friend and Parent, Teresa Witte, Plaintiff-Appellant, and Teresa Witte, Plaintiff, v. Clark County School District; Robert T. Henry; Macke Woodard; Beverly J. Minnear, Defendants-Appellees. Shawn Witte, a Minor, by his next friend and Parent, Teresa Witte, Plaintiff-Appellant, and Teresa Witte, Plaintiff, v. Clark County School District; Robert T. Henry; Macke Woodard; Beverly J. Minnear, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 11, 2002.

Attorney(s) appearing for the Case

Barbara E. Buckley (argued) and Sara V. Winter, Clark County Legal Services Program, Inc., Las Vegas, NV, for the plaintiffs-appellants.

Rick D. Roskelley, Hicks & Walt, Las Vegas, NV, for the defendants-appellees.

Andrew J. Kahn, McCracken, Stemerman, Bowen & Holsberry, Las Vegas, NV, for the amicus curiae Las Vegas Interfaith Council for Worker Justice.

Before: REINHARDT and FISHER, Circuit Judges, and MOLLOY, District Judge.

FISHER, Circuit Judge:

Shawn Witte and Derrick Eason appeal the dismissal of their actions alleging severe abuse and excessive corporal punishment inflicted by educators at Variety School, a public school attended exclusively by students with disabilities, in Nevada's Clark County School District ("District"). Shawn and Derrick both sued the District and individual District personnel for violations of their constitutional rights to substantive due process and equal...

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