Teacher assaults parent

jscott33 · #1 11-07-2006, 07:01 PM

Kentucky: A 4th grade teacher(African American) assaults a parent (Caucasian).

The parent (plaintiff) continually disobeyed school policies and procedures that require her to wait in her vehicle outside in the parking lot while students are dismissed. She persisted to enter the school to get her child from class at the end of the day. Upon the child's teacher (defendant) and administration confronting and explaining to the parent the process, the plaintiff proceeded to wait outside of the defendant's classroom window for class to be dismissed. Again, the plaintiff was strongly encouraged to follow school policy for ingress and egress efficiency. Long story short, the plaintiff opened the classroom door one evening to pick her child up from school. The teacher met her at the door and explained that her behavior was inappropriate and that if she couldn't follow the policies and procedures of the school then the school would have to call the police next time. The plaintiff said, "No 'n-word' is going to tell me what to do." At which point the defendant began to strike the plaintiff repeatedly and a neighboring teacher broke up the scuffle. The plaintiff got her child from class and went home. Next day, the teacher and the school receives a lawsuit for assault and battery. Who will win? Why? What would be brought up in court from both sides?

I'm studying school law and this is a scenario I'm considering... I'm trying to be the principal and support my teacher, but I'm having a hard time supporting what appears to me to be a clear cut, assault and battery no matter the derogatory comments... maybe public defamation? Any thoughts are appreciated.

aaron · #2 11-07-2006, 07:53 PM

Is this under a theoretical state's laws, or Kentucky laws? Your research should include "fighting words doctrine", trespass laws, and nominal damages.

jscott33 · #3 11-07-2006, 08:08 PM

These are under Kentucky laws - primarily under those written in the sixth edition of American Public School Law by Kern and M. David Alexander. In your opinion would the court rule in favor of the teacher even with the implications of trespassing?? It's hard for me to get over the fact that this was a physical retaliation of a derogatory comment. Which to me is clear and cut assault and battery as the parent never touched or assaulted the teacher.