K.T.

K.T. v. Pittsburg Unified School District

Good Law
219 F. Supp. 3d 970·2016 WL 6599466·2016 U.S. Dist. LEXIS 155032
United States District Court, Northern District of CaliforniaNovember 8, 2016No. CV 16-3314 CRBCalifornia5,216 words

Opinion

Lead Opinion

Breyer, J.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS

A girl just shy of her tenth birthday brings claims against her former special-education aide, teacher, principal, and school district for abuse she allegedly suffered at their hands or on their watch. So do her parents. The latter three defendants now move to dismiss.

I. BACKGROUND

A. Factual Background

Plaintiff KT. suffers from autism, attention deficit hyperactivity disorder, and an intellectual disability. Compl. (dkt. 1) ¶ 16. Although she understands when spoken to, K.T. has a limited vocabulary and has trouble speaking in complete sentences. Id. ¶ 18. She also often puts inedible objects in her mouth. Id. ¶ 16.

*975 During the 2014-15 academic year, K.T. attended Parkside Elementary in Pitts-burg, California as a special-education student. Id ¶ 17. Her assigned teacher was Defendant Tara Brinkerhoff. Id Defendant Gloria Joseph served as a special-education aide in Brinkerhoffs class. Id KT. and her parents, Plaintiffs Rachel Torres and David Cope, allege “ongoing verbal and physical abuse” at the hands of one or both women—including being verbally and physically “aggressive,” “forcibly grabbing…

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