Hayenga

Hayenga v. Nampa School District No. 131

Good Law
123 F. App'x 783
United States Court of Appeals for the Ninth CircuitFebruary 17, 2005No. 03-35197California1,249 words

Opinion

Lead Opinion

MEMORANDUM *

Gary Joseph Hayenga appeals the district court’s grant of summary judgment to the defendants in this case arising out of a police officer’s restraining and arresting a developmentally-disabled student, Hayenga, while he was in a special education class. Hayenga brought suit against the Nampa School District (“District”) and the arresting officer, Angela Weekes, claiming that the District was negligent and that Weekes used excessive force against him in violation of the Fourth Amendment and 42 U.S.C. § 1983 .

We affirm the district court’s grant of summary judgment to the District on the ground that Hayenga failed to make the requisite showing that the District’s negligence was the proximate cause of his injury. We affirm the district court’s grant of summary judgment to Weekes, because she is entitled to qualified immunity.

I. Negligence Claim Against the School District

Hayenga contends that “[The District] breached its duty to protect [Hayenga] by acting contrary to its knowledge concerning the resolution of disciplinary problems with [Hayenga], and by allowing Officer Weekes to arrest [Hayenga],” thereby “creating] an unreasonable risk, and a high degree of…

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