S.S. v. EASTERN KENTUCKY UNIVERSITY

No. 06-6165.

532 F.3d 445 (2008)

S.S., a minor, by and through his parents and next of friends, Plaintiff-Appellant, v. EASTERN KENTUCKY UNIVERSITY; Ellen Rini, and Jacqueline Vance, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 2, 2008.


Attorney(s) appearing for the Case

ARGUED: Katherine K. Yunker, Yunker & Associates, Lexington, Kentucky, for Appellant. Douglas L. McSwain, Sturgill, Turner, Barker & Moloney, PLLC, Lexington, Kentucky, for Appellees. ON BRIEF: Katherine K. Yunker, Katherine Shelby Sanford, Yunker & Associates, Lexington, Kentucky, for Appellant. Douglas L. McSwain, Merrie Kristin Winfrey, Sturgill, Turner, Barker & Moloney, PLLC, Lexington, Kentucky, for Appellees.

GILMAN, J., delivered the opinion of the court, in which MOORE and SUTTON, JJ., joined. In addition, MOORE, J. (pp. 460-61), delivered a separate concurring opinion.


OPINION

RONALD LEE GILMAN, Circuit Judge.

From 2000 to 2003, S.S. was a student at the Model Laboratory Middle School (Model), which is operated by Eastern Kentucky University (EKU) to train student teachers under the supervision of certified teachers. S.S. has various disabilities, including cerebral palsy, attention deficit/hyperactivity disorder, dyslexia, pervasive developmental disorder, and post-traumatic stress disorder. During his attendance at Model...

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