Cases
In this case a teacher left students unattended for recess, and a group of boys waiting in line threw pebbles at the girls sitting on the side causing injury to one of the girls.
What is Sheehan v. St. Peter's Catholic School(1971)
This section of a 1871 federal Civil rights act stated that school districts are "persons' and can be found liable.
What is Section 1983
In this case the school did not show reasonable care (the degree of care a teacher of ordinary judgement would have used under like circumstances) for two students on IEP's that skipped class and ended in sexual assault.
What is Mitchell v. Cedar Rapids Community School District (2013)
This standard states if it doesn’t violate constitutional rights you are shielded from liability
What is the good faith standard
If a a student does not receive the correct education needed a teacher or school may be liable for what?
What is educational malpractice
This case took place on the playground with only one teacher supervising approximately 180 students. A student was swinging on the monkey bars and grabbed a pole to slide down at the end catching her thigh on a screw sticking out.
What is Gibbons v. Orleans Parish School Board (1980)
This is ultimately the winner of a lawsuit.
What is the prevailing party
In this case the duty of care(having a legal obligation to perform a degree of care) was not performed when a music teacher didn't give sufficient instruction to first graders when playing London Bridge. The teacher was looking away and this is when a student got hurt.
What is Johnson Johnson v. School District of Millard (1998)
these are emotional problems that may be caused from a negligence at the school
What is mental anguish and suffering
In Miles v. School District No. 138 of Cheyenne County a student used an improper technique that wasn't safe and injured her left hand in a shop class. She had learned the correct safety precautions but wanted to be done for the day. The court found this to be of what negligence therefore making the school not liable.
What is contributory negligence
In this case a science experiment was being performed with flammable substances, a student lit a match over a gas causing an explosion where glass became embedded into another student.
What is Sheehan v. Coventry Board of Education (2009)
This means to be legally responsible
What is liable
In this case proximate cause (when an event related to the injury caused the injury) was considered when a student left school grounds and was struck by a motorist causing injury.
What is Hoyem v. Manhattan Beach City School District (1978)
This can be cause by affecting a students emotions by calling them out and humiliating them
What is person humiliation
If a school board hires a teacher who they know is unfit for the job they can be liable of what?
What is negligent hiring
This case took place in a gym class where wrestling was the activity. Student was injured by a kid that used a move that wasn't taught in the class.
What is Toller v. Plainfield School District No. 202 (1991)
This is contrasting the plaintiff's and the defendant's negligence
What is Comparative negligence
In this case sovereign immunity (the state can’t be sued without its consent and are not liable for the negligence of their employees) was used in protecting the school board from a law suit by a lady who tripped on the sidewalk leaving a graduation ceremony.
What is Peach County School District v. Austin (2013)
These are damages where the plaintiff has been wronged, but can’t show the damages
What are nominal damages
If a student wrongfully accuses a teacher of sexual assault and they are not liable, the student can be accused of what?
What is impairment of reputation
In this case a student created a suicide pact, it was dismissed by her counselor.
What is Eisel v. Board of Education of Montgomery County (1991)
This is where federal, state, and local governments are protected from tort based claims
What is governmental immunity
In this case willful conduct (intentionally damaging behavior) was shown in a confrontation in a reading class between a teacher and her student. Force was used causing injury.
What is Peterson v. Baker (2007)
these damages are when the defendant is punished for their actions to help rid of similar actions in the future.
What are punitive damages
these are damages where a school may be found liable for injuring a student and they will atone for the students losses.
what are compensatory damages