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222669P.pdf   07/27/2023  Rodney Baker  v.  Bentonville School District
   U.S. Court of Appeals Case No:  22-2669
   U.S. District Court for the Western District of Arkansas - Fayetteville   
[PUBLISHED] [Loken, Author, with Shepherd and Kelly, Circuit Judges] Civil case - Civil rights. On this record, no reasonable fact-finder could conclude that the school district failed to implement safety accommodations for plaintiffs' minor child; the school district took prompt action to address plaintiffs' safety concerns and no Section 504 violation was established; the district court did not err in dismissing plaintiffs' claims under the Arkansas Civil Rights Act because there was no evidence that would allow a reasonable juror to determine the child did not receive an adequate or equal education; the district court did not err in retaining supplemental jurisdiction over plaintiffs' state law claims and declining to rule on their request for a declaratory judgment declaring the Arkansas tort immunity statute unconstitutional as the Supreme Court of Arkansas has repeatedly rejected such challenges; nor did the court err in dismissing plaintiffs' negligence claims as the school district had a clear immunity defense to the claim.