No. 21-20671.

81 F.4th 440 (2023)

J.W.; Lori Washington, as next friend J.W., Plaintiffs-Appellants, v. Elvin PALEY; Katy Independent School District, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED August 28, 2023.

Attorney(s) appearing for the Case

Elizabeth Cruikshank , Rupa Bhattacharyya , Kelsi Brown Corkran , Institute for Constitutional Advocacy & Protection, Georgetown University Law Center, Washington, DC, Martin J. Cirkiel , Cirkiel & Associates, P.C., Round Rock, TX, Mary B. McCord, Esq. , Georgetown University Law Center, Washington, DC, for Plaintiffs-Appellants.

Christopher Blewer Gilbert , Thompson & Horton, L.L.P., Houston, TX, for Defendants-Appellees.

Selene Ann Almazan-Altobelli , Ellen Marjorie Saideman, Esq. , Council of Parent Attorneys & Advocates, Incorporated, Towson, MD, for Amici Curiae Council of Parent Attorneys and Advocates, Disability Rights Texas, The National Center for Youth Law, Texas Appleseed.

Before Graves, Willett, and Engelhardt, Circuit Judges.

A school resource officer tased a special-needs student who physically struggled with school staff while attempting to leave school following a violent episode. The student's mother sued the officer and the school district, bringing constitutional claims under 42 U.S.C. § 1983 and disability discrimination claims...

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