As an attorney, I serve the greatest and most noble profession in America. The legal profession provides me the honor of being a voice for children who would not otherwise have a voice. Out of respect for our Honorable Court system, I do not want to specifically comment on the ongoing case except to say that the Due Process Hearing, which occurred prior to filing the federal lawsuit, was specific to the Individuals with Disabilities Education Act (IDEA) and as such, was very narrow in scope in that it could not take Alabama state law into consideration except as it relates to the IDEA. It is my contention that the use of a Rifton chair constituted a violation of Alabama’s state mechanical restraint law and was part of an environment that was psychologically damaging to my client. However, we will let the Federal District Court Judge decide this case and not public opinion.
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