J. V. v. Albuquerque Public Schools, No. 15-2071 (10th Cir. 2016)
Annotate this CaseC.V. was a seven-year-old second grade student at an elementary school operated by Albuquerque Public Schools (“APS”). He was eligible for special education benefits for autism. One morning in 2011, C.V. disrupted his class, ran away from APS staff, kicked an APS social worker, and kicked and shot rubber bands at APS School Security Officer Xiomara Sanchez. To protect C.V. and others, Officer Sanchez handcuffed him to a chair. Before doing so, Officer Sanchez had called C.V.’s mother, who granted permission to restrain him, and repeatedly warned C.V. to calm down. Officer Sanchez was unaware of C.V.’s disability. C.V.’s parents sued under Title II of the Americans with Disabilities Act (“ADA”), claiming APS denied C.V. a protected benefit and discriminated against him. The district court granted summary judgment to APS. Finding no reversible error, the Tenth Circuit affirmed that decision.
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