Legal Question in Education Law in California

teacher student dispute

My child was escorted out of the classroom by the teacher. The teacher grabbed his neck (backside) and arm and agressively took him out of the class. Outside the class, he flung him around using his neck.

This is a private christian school in california.......what is my recourse?


Asked on 5/18/09, 11:45 am

3 Answers from Attorneys

Andrew Harrell W. Andrew Harrell, Attorney at Law

Re: teacher student dispute

Most likely, the teacher may be guilty of assault and battery--and you have a civil action. Did you take the child to an MD for injuries? Were there any? Teacher's defense might be that your child was a danger/threat to other students or the teacher, and he was using reasonable force to expel him. How old is your child? Was there a prior history of aggressiveness or disruptiveness involving your child? Also, since the teacher committed these torts in performing his job, the school is vicariously at fault as well. Did the school have a policy/practice of physical aggressiveness in dealing with children?

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Answered on 5/18/09, 12:16 pm
Daniel Bakondi The Law Office of Daniel Bakondi

Re: teacher student dispute

Do you have witnesses. Was this caught on camera?

Best,

Daniel Bakondi, Esq.

IMPORTANT:

No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time sensitive and may result in loss of rights if you do not obtain an attorney immediately.

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Answered on 5/18/09, 12:19 pm
Daniel Bakondi The Law Office of Daniel Bakondi

Re: teacher student dispute

Do you have witnesses? Was this caught on camera?

Best,

Daniel Bakondi, Esq.

IMPORTANT:

No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time sensitive and may result in loss of rights if you do not obtain an attorney immediately.

Read more
Answered on 5/18/09, 12:20 pm


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