Pamella E. Settlegoode v. Portland Public Schools, Multnomah School District No.1 Susan Winthrop Robert Crebo Larry Whitson

Good Law
371 F.3d 503·2004 WL 1254360·21 I.E.R. Cas. (BNA) 881·2004 U.S. App. LEXIS 11329
United States Court of Appeals for the Ninth CircuitJune 9, 200402-35260California7,360 words

Opinion

Opinion

Kozinski, J.

ORDER AND AMENDED OPINION

ORDER

The opinion in this case is amended as follows:

Slip op. 4206, n. 7 (formerly n. 6), Lines 12-16:

The petition for rehearing is otherwise denied and the petition for rehearing en banc is rejected. Fed. R.App. P. 35; Fed. R.App. P. 40. No further petitions for rehearing or rehearing en banc will be accepted. The mandate shall issue forthwith.

OPINION

We consider the standard of review applicable to various post-trial motions following a jury verdict.

Facts

Many facts were hotly disputed at trial. We state them here consistent with the verdict.

Dr. Pamella Settlegoode was hired by Portland Public Schools as an Adapted Physical Education teacher for the 1998-99 academic year on a probationary basis. Hired to teach students with disabilities in various schools in the district, she was an itinerant teacher and therefore conducted her physical education classes at two or three different schools each day. Her job included teaching the disabled students as well as drafting individualized education programs (IEP) for them, as mandated by federal law. See 20 U.S.C. § 1414 (d).

Settlegoode soon became concerned about the way disabled students were…

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