Federal district court rules parents of student with autism stated valid claim that cha... - 0 views
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Jeff Bernstein on 13 Oct 11A federal district court in Florida has ruled that parents of a student with autism have stated a valid claim that charter school employees' use of excessive force constituted a violation of the student's substantive due process rights. The court concluded that the parents had alleged facts sufficient to show: (1) use of excessive force that "shocks the conscience;" and (2) the charter school employees acted under color of state law. It found, however, that the parents' allegations of emotional injuries and psychological harm were insufficient to rise to the level of conduct that shocks the conscience.