Evillo Domingo v. Marsha Kowalski

I concur in the majority’s well-reasoned opinion with respect to the claims of N.D. and J. J. However, I dissent with respect to dismissing R.G.’s claim on summary judgment.

Cases involving teacher action with respect to severely disabled or disturbed students can be very difficult, as it is undoubtedly true that measures may need to be taken that are quite different from those in a conventional classroom. The majority opinion generally sets out these difficulties well and applies them to several of the appellants. However, with respect to R.G., I cannot say that there is no genuine issue of…