M.M.R.-Z. v. Commonwealth of Puerto Rico

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Before Boudin, Chief Judge, Torruella, Circuit Judge, and Selya, Senior Circuit Judge.

Plaintiff (“Mario”*fn1 )–a minor who suffers from cerebral palsy among other disabilities–received homebound educational services from the Puerto Rico Department of Education. In September 2001, Mario’s grandmother began to suspect that he was being physically and sexually abused by his teacher, Edgar Rivera-Lugo. After further investigation, Mario’s family filed a complaint with the police. Rivera-Lugo was arrested and, following a bench trial, was found guilty of misdemeanor aggravated assault and institutional abuse.

Mario, together with his parents and grandmother, then filed suit in federal district court based on the abuse he suffered and the alleged deprivation of educational services in the year-long period following Rivera-Lugo’s termination. The defendants named were Rivera- Lugo in his official and individual capacities; Elizabeth Ortega, regional supervisor of special education, in her official and individual capacities; the Commonwealth Secretary of Education in his official capacity; and the Commonwealth of Puerto Rico.

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M.M.R.-Z. v. Commonwealth of Puerto Rico

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