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COUTURE v. BOARD OF EDUC. OF ALBUQUERQUE PUB. SCHOOLS

No. 07-2133.

535 F.3d 1243 (2008)

Jennifer COUTURE, individually and as mother and next friend of M.C., a minor child, Plaintiff-Appellee, v. BOARD OF EDUCATION OF the ALBUQUERQUE PUBLIC SCHOOLS, Pat Willis, Joe Flippo and Jacqueline Brady, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

August 7, 2008.

Attorney(s) appearing for the Case

Brian K. Nichols, (Michael L. Carrico, with him on the briefs), Modrall, Sperling, Roehl, Harris & Sisk, P.A., Albuquerque, NM, for Defendants-Appellants.

Gail Stewart, (Laurel Nesbitt, with her on the briefs), Steven Granberg, P.A., Albuquerque, NM, for Plaintiff-Appellee.

Before McCONNELL, SEYMOUR and GORSUCH, Circuit Judges.

McCONNELL, Circuit Judge.

The plaintiff in this case, M.C.,1 is a young child who suffers from severe emotional and mental health problems. During the relevant time period these problems manifested themselves in repeated outbursts in which he threatened, and at times assaulted, teachers and students. In 2002, when he was six years old, he was placed in a special education program at the Governor Bent Elementary School. School officials...

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