J.V. and M.Q. on behalf of C.V. v Albuquerque Public Schools

J.V. and M.Q. sued Schools alleging disability discrimination when their autistic son C.V. was handcuffed to a chair. The district court granted summary judgment to Schools and the panel affirmed. It held that C.V.’s behavior of running away, kicking school employees and a police officer and shooting rubber bands at the police officer, not his autism, was the reason for eh handcuffing and under circuit precedent there was no discrimination by reason of the disability of autism which is fatal to plaintiff’s denial of benefits claims. It also held that the claims failed as there was no denial of education services as C.V. was enrolled in another school for the remainder of the school year and 15 minutes of being handcuffed cannot be said to deny C.V. of educational services. The panel affirmed summary judgment on the discrimination claims as Schools was not on notice of the need to train officers and there was no evidence of anything beyond negligence here which is insufficient to prove intentional discrimination; the disparate impact claim failed because it was not included in the operative complaint and there was no evidence any disabled child beside C.V. was ever handcuffed; and the reasonable accommodation claim failed as M.Q. authorized restraint of C.V. without limitation, the prosed accommodations were in fact used without resolving the situation and there was no obvious need for an accommodation on these facts.