Preschooler II v. Clark County School Bd. of Trustees

479 F.3d 1175 PRESCHOOLER II; Jane Roe, Plaintiffs-Appellees, v. CLARK COUNTY SCHOOL BOARD OF TRUSTEES; Clark County School District; Keith Rheault; State of Nevada; State of Nevada Department of Education, Defendants, and Kay Davis; Carlos Arturo Garcia; Charlene A. Green; Michael S. Harley; Darryl Wyatt; Kathleen Lisanti, Defendants-Appellants. No. 04-16891. United States Court of Appeals, Ninth Circuit. Argued and Submitted November 16, 2006. Filed March 21, 2007. Mark E. Ferrario and Tami D. Cowden, Kummer Kaempfer Bonner Renshaw & Ferrario, Las Vegas, NV, for the appellants. Niels L. Pearson and Marianne C. Lanuti, Selman Breitman, LLP, Las Vegas, NV, for the appellees. Appeal from the United States District Court for the District of Nevada; Roger L. Hunt, District Judge, Presiding. D.C. No. CV-04-00348-RLH. Before TASHIMA and McKEOWN, Circuit Judges, and DAVID A. EZRA * , District Judge. McKEOWN, Circuit Judge. 1 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…