U.S. Court of Appeals for the Tenth Circuit

Callaway v. Independent School District No.1 Okmulgee County

August 20, 2026

Summary

The court affirmed dismissal of the complaint because Callaway did not plausibly allege either a substantive-due-process violation or disability discrimination under the ADA and Rehabilitation Act. The individual defendants were entitled to qualified immunity because the complaint alleged failures to act, not affirmative conduct creating a constitutional danger, and the proposed supervisory allegations would not cure that defect. The complaint also did not allege that D.C. lacked meaningful access to restroom facilities merely because his aide was absent when private misconduct occurred.