Articles Posted in U.S. 1st Circuit Court of Appeals

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A disabled child, born in 1996, was a student in the Sutton public school system from 1999 until 2005, when his parent were dissatisfied with the individualized education program developed under the Individuals with Disabilities Education Act, 20 U.S.C. 1400-1491, and the services he was receiving. They removed him from the school and enrolled him in a private learning center. The Massachusetts Bureau of Special Education Appeals determined that the 2005 IEP complied with the IDEA. The district court upheld the decision on summary judgment. The First Circuit affirmed, rejecting an argument that the court could not determine compliance without first determining the child's potential for learning and self-sufficiency. The district court properly concluded that the child's potential was unknowable and that the IEP was reasonably calculated to confer educational benefits. The parents did not raise triable claims under the First Amendment, the Rehabilitation Act of 1973, Titles II and V of the Americans with Disabilities Act, or 42 U.S.C. 1983 and 1985; plaintiffs “cannot disguise an IDEA claim in other garb.” View "D.B., a minor v. Esposito" on Justia Law

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An 11-year-old child suffered long-term horrific abuse and, in 2005, was beaten nearly to death by her adoptive mother and stepfather. The child's legal guardian, brought suit against Carson Center and one of its employees, a licensed social worker, alleging that they failed to detect or report signs of ongoing physical abuse. The state court suit led to insurance coverage litigation in federal court. Insurers sought a declaratory judgment that the allegations fell within exclusions to coverage. The First Circuit affirmed entry of declaratory judgment for the insurers. The language of the policy exclusions precludes coverage for abuse that occurs to anyone in the insureds' "care, custody or control." At the time of the abuse the victim was not in the physical custody of the insureds, but had been receiving bi-weekly outpatient therapeutic services from them for 14 months covered by the policies in question. The exclusions are unambiguous. View "Valley Forge Ins. Co. v. Field" on Justia Law