principles of liability
The degree of care a teacher of ordinary practice would have used under like circumstances. The circumstances considered would include the maturity and experience of the student, and the extend of danger involved
what is Reasonable care
when school officials violated students' right to liberty in situations where teachers were hires who later injured students, especially in cases of sexual abuse.
what is section 1983
When the court determines if one of the parties is entitled to any money payments from the other party.
What is prevailing party
In this case, the teacher fails to exercise reasonable care to protect her student when one of her students is injured by a stone hitting her in the eye while the teacher was inside.
What is the Sheehan case
In this case, the plaintiff was suing the defendant under the Americans with Disabilities Act of 1990 that prohibits the discrimination of an individual with a mental or physical disorder. The disorder in this case was HIV.
What is Bragdon V. Abbott
This is a small symbolic award, often given when the plaintiff has been wronged but can't prove any damages
what is nominal damages
when damages are portioned based upon the relative fault of each party.
what is Comparative negligence
The act of embarrassing someone in the eyes of other people
What is personal humiliation
In this case, teachers were sued of negligence when one of their students got beat up by kids that were not connected to the school. The court ruled in favor of the teacher because supervising children at all times would be to much of a burden
What is the Mancha Case
In this case, the plaintiff was parents of two students filing a civil case under section 1983. alleging a Fourteenth Amendment substantive due process violation pursuant to the state created danger theory of liability, and special relationship theory. Plaintiffs also include a supplemental state law claim against the defendant for “negligence and/or gross and willful misconduct.
What is Marrow V. Balaski
when a child is showing signs of depression or possible homicidal tendencies, this law requires teachers to to prevent it by reasonable means.
When compensation is award to injured persons for their actual losses, including medical expenses, lost salary, and other provable costs incurred as a result of negligence.
What is compensatory damages
Any wrong or damage done to another, either in his person, rights, reputation, or property. The invasion of any legally protected interest of another.
What is impairment of reputation
In this case, two Arkansas students were unlawfully suspended without due process. The U.S. supreme court ruled that school officials could not rely upon qualified immunity where they "knew or reasonably should have known that the action they took within their sphere of official responsibility would violate the constitutional rights of the students affected."
What is Wood V. Strickland
In this case the petitioner filed suit against respondents, a county school board and school officials, seeking damages for the sexual harassment of her daughter by a 5th grade classmate. The Federal District Court found that "student on-student," or peer, harassment provides no ground for a Title IX private cause of action for damages.
What is Davis V. Monroe County Bd. of Education
this act holds that since the state and its agencies are sovereign, they cannot be sued without their consent and should not be held liable for the negligence of their employees.
what is governmental immunity
When an event leads to an injury, and the court deems it to be the cause of the damage.
what is proximate cause
When a teacher emotionally injures a student
what is mental anguish and suffering
In this case, two Chicago students were suspended for 20 days without due process. Their lawyer introduced no evidence to show that they had suffered any actual damages because of their suspension
What is Corey V. Pipus
In this case, the plaintiff sought $17 million for compensatory damages for the illegal closure of the school he worked at. However, the Federal District Court awarded them only nominal damages and, subsequently, awarded them $280,000 in attorney's fees.
What is Ferrar V. Hobby
what is contributory negligence
When a teacher fails to provide services that are expected out of them.
what is educational malpractice
when someone is responsible for something by law
what is liable
In this case a parent sued her daughters special education teacher for damages arising from the beating or striking or spanking of Latosha Allen by the teachers aide. The teacher was the prevailing party because the court had no evidence that the teacher knew that the aide was beating her student in the restroom.
What is Allen V. Crawford
In this case, the plaintiff, as guardian ad litem for her minor daughter, sought to recover from defendants compensatory and punitive damages allegedly sustained as the result of sexual assaults upon the minor plaintiff by the defendant
What is Medlin V. Bass