SANTIAGO v. PUERTO RICO

No. 10-1449.

655 F.3d 61 (2011)

Jeraline SANTIAGO, As Next Friend of Her Minor Son, Plaintiff, Appellant, v. Commonwealth of PUERTO RICO et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided August 24, 2011.


Attorney(s) appearing for the Case

Alfredo Fernández , Carolina Santa Cruz , Elias Correa Menéndez and Delgado & Fernández, LLP on brief for appellant.

Jose R. Olmo-Rodriguez on brief for appellees Cotto and Oyola.

Angel E. Rotger-Sabat and Maymi, Rivera & Rotger, P.S.C. on brief for appellee Commonwealth of Puerto Rico.

Before THOMPSON, SELYA and DYK, Circuit Judges.


SELYA, Circuit Judge.

This appeal grows out of a lurid allegation that a bus driver assigned to transport special education students to and from a public school sexually abused one of his charges. It presents important questions concerning the parameters of the "under color of state law" requirement of 42 U.S.C. § 1983 and the "actual knowledge" requirement of Title IX of the Education Amendments of 1972, 20 U.S.C. &...

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