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MUSKRAT v. DEER CREEK PUBLIC SCHOOLS

No. 11-6194.

715 F.3d 775 (2013)

Paul MUSKRAT, and Melinda Muskrat, as Parents and next friends of Minor Child, J.M., Plaintiffs-Appellants, v. DEER CREEK PUBLIC SCHOOLS; Kay Rogers, individually and in her official capacity as an employee of Deer Creek Public Schools; Debbie Straughn, individually and in her official capacity as an employee of Deer Creek Public Schools; Jessica Renaker, individually and in her official capacity as an employee of Deer Creek Public Schools, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

April 23, 2013.

Attorney(s) appearing for the Case

Jon E. Brightmire , Doerner, Saunders, Daniel & Anderson, L.L.P., Tulsa, OK ( Andrew D. Schwartz , Rodney C. Ramsey , and Michael D. Gray , Ramsey and Gray, P.C., Oklahoma City, OK, with him on the briefs) for Appellants.

Jerry A. Richardson ( Kent B. Rainey and Staci L. Roberds with him on the brief) Rosenstein, Fist & Ringold, Tulsa, OK, for Appellees Deer Creek Public Schools, Kay Rogers and Debbie Straughn, and Mark S. Rains , Mark Rains Attorney at Law PLLC, Jenks, OK, for Appellee Jessica Renaker.

Before TYMKOVICH, BALDOCK, and GORSUCH, Circuit Judges.

TYMKOVICH, Circuit Judge.

Paul and Melinda Muskrat brought a civil rights action on behalf of their disabled son against the school district where he attended school for several years and against certain school district employees. The Muskrats alleged that the defendants unconstitutionally subjected their son to timeouts and physical abuse.

The school district moved to dismiss, arguing that the Muskrats had not exhausted

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