Davis

This case arises from the claimed physical abuse of a four-year old disabled child in a public school setting. The child, Preschooler II, and his mother, Jane Roe, filed suit against the state, school district, school board and various school personnel (“School Officials”) under the Americans with Disabilities Act (ADA), the Rehabilitation Act, the Individuals with Disabilities Education Act (IDEA), and 42 U.S.C. § 1983 . Preschooler II claims abuse ranging from being beaten, slapped, and body slammed to unexplained bruises and shoeless walks from the school bus to the classroom. The district court denied the School Officials’ motion to dismiss based in part on qualified immunity. In this interlocutory appeal, the School Officials properly raise only the issue of qualified immunity fpr the § 1983 claims.

Not long ago, our court acknowledged “that the right of a student to be free from excessive force at the hands of teachers employed by the state was clearly established as early as 1990.” Doe v. State of Hawaii Dep’t of Educ., 334 F.3d 906, 910 (9th Cir.2003). At this stage of the proceedings, we construe the allegations in the light most favorable to Preschooler II. See, e.g.,…