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DOMINGO v. KOWALSKI

No. 14-3957.

810 F.3d 403 (2016)

Evillo DOMINGO and Josephine Domingo, individually and as parents and natural guardians of N.D.; Rasheedah Gray, individually and as parent and natural guardian of R.G; Elizabeth Garcia, individually and as parent and natural guardian of J.J., Plaintiffs-Appellants, v. Marsha KOWALSKI; North Point Educational Service Center; William B. Lally; Dan McCarthy; Charlotte Wagner; Karen Streng, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 7, 2016.

Attorney(s) appearing for the Case

ARGUED: Jason D. Winter , Reminger Co., LPA, Cleveland, OH, for Appellants. Matthew John Markling , McGown & Markling Co., L.P.A., Akron, OH, for Appellee. Kowalski. John D. Latchney , O'Toole, McLaughlin, Dooley & Pecora Co., LPA, Sheffield Village, OH, for North Point Appellees. ON BRIEF: Jason D. Winter , Holly Marie Wilson , Courtney J. Trimacco , Reminger Co., LPA, Cleveland, Ohio, for Appellants. Matthew John Markling , Patrick Vrobel , Sean Koran , McGown & Markling Co., L.P.A., Akron, OH, for Appellee Kowalski. John D. Latchney , O'Toole, McLaughlin, Dooley & Pecora Co., LPA, Sheffield Village, OH, for North Point Appellees.

HUCK, D.J., delivered the opinion, in which BOGGS and BATCHELDER, JJ., joined in part. BATCHELDER, J. (pp. 416-17), delivered a separate opinion concurring in part and concurring in the judgment. BOGGS, J. (pp. 417-18), delivered a separate opinion dissenting in part, in which BATCHELDER, J., joined in part.

OPINION

This is an action brought by three special-education students and their parents (Appellants) against special-education teacher Marsha Kowalski, her supervisors, and the North Point Educational Service Center (North Point) (collectively Appellees), for Appellees' alleged violation of Kowalski's students' Fourteenth...

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