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EBONIE S. v. PUEBLO SCHOOL DIST. 60

No. 11-1273.

695 F.3d 1051 (2012)

EBONIE S., a child, by her mother and next friend, Mary S., Plaintiff-Appellant, v. PUEBLO SCHOOL DISTRICT 60; Marilyn Golden, Teacher, in her official and individual capacities; Gary Trujillo, Principal, in his official and individual capacities; Mary Jo Bollinger, Executive Director of Exceptional Student Services, in her official and individual capacities; Louise Rivas, paraprofessional, in her official and individual capacities; Sharon Wells, paraprofessional, in her official and individual capacities; Isabel Sanchez, paraprofessional, in her official and individual capacities; Audra Martinez, paraprofessional, in her official and individual capacities; Kristen Potter, paraprofessional, in her official and individual capacities, Defendants-Appellees, Council of Parent Attorneys and Advocates, Inc.; Colorado Association of School Boards, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

August 28, 2012.

Attorney(s) appearing for the Case

Cristina F. Gomez , Holland & Hart LLP, Denver, CO ( Jonathan S. Bender , Holland & Hart LLP, Denver, CO; Maureen Reidy Witt , Holland & Hart LLP, Englewood, CO; and Katherine Gerland , Law Offices of Louise Bouzari LLC, Englewood, CO, with her on the briefs), for the Plaintiff-Appellant.

Sonja S. McKenzie ( Sarah A. Schreiber with her on the briefs), Senter Goldfarb & Rice LLC, Denver, CO, for Defendants-Appellees Pueblo School District 60, Gary Trujillo, Mary Jo Bollinger, Louise Rivas, Sharon Wells, Isabel Sanchez, Audra Martinez, and Kristen Potter.

W. Stuart Stuller ( Meghan Pound with him on the briefs), Caplan and Earnest LLC, Boulder, CO, for Defendant-Appellee Marilyn Golden.

Kimberly F. Rich , Baker & McKenzie LLP, Dallas, TX, for Amicus Curiae Council of Parent Attorneys and Advocates, Inc.

Kathleen Sullivan , Denver, CO, for Amicus Curiae Colorado Association of School Boards.

Before LUCERO, HARTZ, and O'BRIEN, Circuit Judges.

LUCERO, Circuit Judge.

This appeal requires us to decide whether the use of a particular desk in special education classrooms is permissible under the United States Constitution. The desks in question wrap around the student on the front and the sides and have a securing bar that runs behind the student's chair. A student can only remove herself by sliding under or crawling over the desk's surface when the bar is in place...

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