Plaintiff alleged that the client, a private special education school, did not adequately protect a 9-year-old autistic student who was abused by a 15-year-old classmate and brought a 14th Amendment claim of a "state of created danger" against the client. Plaintiff claimed the client's actions rose to the level of conscience shocking behavior. Plaintiff would not budge off $5 million demand at two settlement conferences before a Magistrate Judge. At oral argument, plaintiff's counsel told the court he was "not impressed" with defense counsel's brief. The court felt otherwise and the motion was granted.