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PATEL v. KENT SCHOOL DIST.

No. 10-35430.

648 F.3d 965 (2011)

Madhuri PATEL, individually and on behalf of A.H., a developmentally disabled minor, Plaintiff-Appellant, v. KENT SCHOOL DISTRICT, a Washington municipal corporation; Francine Wilhelm; Kent Youth and Family Services, a Washington corporation and healthcare provider; Marnee Crawford, a healthcare provider; Dennis Ballinger, a healthcare provider, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 11, 2011.

Attorney(s) appearing for the Case

David P. Moody , Marty D. McLean , Shayne C. Stevenson (argued), Hagens Berman Sobol Shapiro LLP, Seattle, WA, Lafcadio H. Darling , Mikkelborg, Broz, Wells & Fryer PLLC, Seattle, WA, for plaintiff-appellant Patel.

Mark S. Northcraft , Andrew T. Biggs , Sam B. Gorden (argued), Northcraft, Bigby & Biggs, PC, Seattle, WA, for defendant-appellee Wilhelm.

Before: RAYMOND C. FISHER, RONALD M. GOULD, and RICHARD C. TALLMAN, Circuit Judges.

OPINION

TALLMAN, Circuit Judge:

A.H., a developmentally disabled high-school student, had several sexual encounters with another developmentally disabled student in a school bathroom. Her mother alleges these encounters were the result of the school's failure to properly supervise A.H. We must decide whether the mother, individually and on behalf of A.H., has a cognizable Fourteenth Amendment due process claim against A.H.'s special-education teacher. The...

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