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ELLIS EX REL. PENDERGRASS v. CLEVELAND MUN. SCHOOL DIST.

No. 05-3192.

455 F.3d 690 (2006)

Udine ELLIS, Guardian for Lateasha PENDERGRASS, Plaintiff-Appellant, v. CLEVELAND MUNICIPAL SCHOOL DISTRICT, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 24, 2006.

Attorney(s) appearing for the Case

ARGUED: James Brian Kenney, Kehoe & Associates, LLC, Cleveland, Ohio, for Appellant. Keith Hansbrough, Wilkerson & Associates Co., LPA, Cleveland, Ohio, for Appellee. ON BRIEF: James Brian Kenney, Robert D. Kehoe, Kehoe & Associates, LLC, Cleveland, Ohio, for Appellant. Ernest L. Wilkerson, Jr., Kathryn M. Miley, Wilkerson & Associates Co., LPA, Cleveland, Ohio, for Appellee.

Before: SUHRHEINRICH, ROGERS, and GRIFFIN, Circuit Judges.

OPINION

ROGERS, Circuit Judge.

Lateasha Pendergrass, through her guardian Udine Ellis, brought various state and federal claims against the Cleveland Municipal School District (the School District) after she had a physical altercation with Janice Gibbs, her third-grade substitute teacher. Pendergrass claims that Gibbs slammed her into a chalkboard, threw her on the ground, and choked her. After the district court granted summary judgment in favor of the...

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