No. 07-2025.

528 F.3d 9 (2008)

M.M.R.-Z., a minor child, by and through his parents; Mario A. RAMÍREZ-SENDA, on his own behalf, and on behalf of his minor child, M.M.R.-Z.; Haydeé Zayas-Rosario, on her own behalf, and on behalf of her minor child, M.M.R.-Z.; Carmen Haydeé Rosario-Rivera, on her own behalf, Plaintiffs, Appellees, v. Commonwealth of PUERTO RICO; Rafael Aragunde, Secretary of Education, in his official capacity; Elizabeth Ortega, Regional Supervisor of Special Education, in her official and individual capacities, Defendants, Appellants, Edgar Rivera-Lugo, Special Education Teacher, in his official and individual capacities; Aida E. Rivera, School Principal, in her official and individual capacities; Sonia Rosario, Auxiliary Secretary of Special Education, in her official and individual capacities; Escuela de la Comunidad Canejas, Defendants.

United States Court of Appeals, First Circuit.

Decided June 5, 2008.

Attorney(s) appearing for the Case

Luis A. Rodríguez-Muñoz with whom Hon. Roberto Sánchez-Ramos, Secretary of Justice, Hon. Salvador Antonetti-Stutts, Solicitor General, Vivian González, Deputy Secretary for Litigation, Eileen Landrón-Guardiola, Eduardo A. Vera-Ramírez and Landrón & Vera, LLP were on brief for defendants, appellants.

Nora Vargas-Acosta with whom Wilma E. Reverón-Collazo was on brief for appellees.

Before BOUDIN, Chief Judge, TORRUELLA, Circuit Judge, and SELYA, Senior Circuit Judge.

BOUDIN, Chief Judge.

Plaintiff ("Mario"1) — a minor who suffers from cerebral palsy among other disabilities — received homebound educational services from the Puerto Rico Department of Education. In September 2001, Mario's grandmother began to suspect that he was being physically and sexually abused by his teacher, Edgar Rivera-Lugo. After further investigation, Mario's family filed...

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