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T.W. EX REL. WILSON v. SCHOOL BD., SEMINOLE, FLA.

No. 09-12623.

610 F.3d 588 (2010)

T.W., a minor, by Tracy M. WILSON, his next friend, mother and natural guardian, Plaintiff-Appellant, v. The SCHOOL BOARD OF SEMINOLE COUNTY, FLORIDA, a subdivision of the State of Florida, Kathleen Mary Garrett, individually, Florida Department of Financial Services, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 29, 2010.

Attorney(s) appearing for the Case

Theodore R. Doran, Michael Ciocchetti, Michael A. Kundid, Doran, Wolfe, Ansay & Kundid, Daytona Beach, FL, for Plaintiff-Appellant.

Ramon Vazquez, Grover, Ketcham, Rutherford, Maitland, FL, J. Richard Caldwell, Rumberger, Krik & Caldwell, P.A., Tampa, FL, Walter A. Ketcham, Jr., Grower, Ketcham, Rutherford, Bronson, Eide & Telan, Orlando, FL, charissa Michelle Mcintosh, Thomas F. Egan, P.A., Clarion, IA, Thomas F. Egan, Thomas F. Egan, P.A., Orlando, FL, Darryl L. Gavin, Lauren Fackender Carmody, Rumberger, Kirk & Caldwell, Orlando, FL, for Defendants-Appellees.

Craig Lewis Goodmark, Goodmark law Firm, Atlanta, GA, for Council of Parent Attorneys and Advocates, Amicus Curiae.

Daniel N. Jocelyn, McDermott Will & Emery, New York City, for Autism Speaks, Amicus Curiae.

Before BARKETT, PRYOR and HILL, Circuit Judges.

PRYOR, Circuit Judge:

This appeal presents the questions whether a teacher violated a disabled student's constitutional right to be free from excessive corporal punishment or discriminated against the student solely by reason of his disability, in violation of a federal statute, when the teacher physically and verbally abused the student on several occasions. The student, T.W., was enrolled for several months in Kathleen Garrett's autism class at a middle school in...

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