Duty of Care
Eisel v. Bd. of Educ. of Montgomery County, after word of a students plan to commit suicide made it to school counselors, they did nothing to follow up on this and so the court decided that they were liable under the concept of.... in which they did not follow
Duty of Care
in the case Sheehan v St. Peter's Catholic School, the school was found negligent because the teacher left students alone and did not practice
Reasonable care
Miles v. Sch. Dist. No. 138 of Cheyenne County, Miles, a student, sued her teacher for negligence when she severed fingers in her shop class. He had provided instruction for safe practices so the court dismissed miles and found her to be...... toward the injury
contributory negligent
In Carey v. Piphus, this type of damages were awarded for mental anquish and suffering over rights being violated
compensatory damages
Teachers are not expected to be everywhere while watching children but they need to practice reasonable care otherwise they might be held....
Liable- responsible for what happened
As long as a teacher acts in accordance to the NCLB Act,....... protects them from being liable of suits brought against them.
governmental immunity
In Medlin v. Bass, this showed that schools can't be held liable for ........ of an employee based on what they don't reasonably know
negligent hiring- this principal assaulted a student but the school district had no reason to believe that was going to happen.
Due to an error in administration, Perez v. Rodrriguez Bou, students were suspended but were not able to prove enough for compensatory or punitive damages. instead the court awarded the student this type of damages for inconvenience and in order to pay for the attorney fees.
Nominal Damages
In Mancha v. Field Museum of Natural History,the teachers and Museum were considered the ..... in this case because they were found innocent of any negligence. The museum was not a dangerous place and teachers had no foreseeability of the buying that happened there.
prevailing party
Harlow v. Fitzgerald
...... standards are held for school officials and are not generally liable unless it is clearly defined that they disregarded constitutional rights.
Good faith standards
Peter W. v. San Francisco Unified Sch. Dist.
A high school student tried to sue the district for not being able to read at his actual academic level. This ......... was dismissed because there was no evidence to suggest the school or teachers has been negligent.
Educational malpractice suit
Corbett v. Duerring and the Kanawha County Board f education, after being punished for not obeying unreasonable request by a principal, these damages were sought out because the teachers constitutional rights were violated through malice of the principal.
Punitive damages
students and teachers who have AIDS are protected against discrimination under ADA. They have a constitutional right to privacy as well because the ...... might affect the student or teacher emotional trauma.
...... might also happen if information like this was open to the public.
personal humiliation
impairment of reputation
....... protects states from being sued by individuals
Sovereign immunity.
This section under the civil rights act allows people to sue for violations to their civil rights.
Section 1983