Damages
Cause and Care
Negligence and Malpractice
Immunity Pains
Standard Conduct
100
Nominal Damages In Carey v. Phipus,435 U.S. 247(1978) A student was accused of smoking marijuana on school grounds and suspended for 21 days (Carey). An additional student (Phiphus) was suspended for 20 days for not removing a earing that was believed to be associated with gang affiliation. Both plaintiffs filed lawsuits on the fact they did not receive due process and were seeking punitive damages. The court recognized and sided with the plaintiffs, however they were awarded nominal damages on the grounds that there was no substantial loss or injury.
A compensated damage of a small symbolic award where a plaintiff has been wronged but cannot prove damages
100
The degree of care a teacher of ordinary prudence should use under normal circumstances. In Gibbons v. Orleans Parish School Board., 391 So.2d976(La. APP. 1982). An adolescent child was swinging on the monkey bars, when the child reached the end she jumped to an adjacent tetherball pole where she started to slide down she was lacerated by a screw on the pole. At this time there were approximately 150-180 students on the playground and where under the supervision of 1 staff member who was in charge of supervising multiple physical locations simultaneously which proved to be impossible. The school board was charged with negligence in failing to provide reasonable care and the tetherball pole to be a attractive nuisance as it was located to close to the monkey bars.
What is reasonable care?
100
The combined negligence of a student and teacher resulting in injury or harm. In Miles v. Sch. Dist. No. 138 of Cheyenne County, 281 N.W.2d 396(Neb. 1979). A highschool student was participating in a shop II program when she attempted to remove a piece of wood from an operating machine with her hands. As a result, the student lost two fingers and sued on negligent supervision. Evidence showed that the teacher had provided safety material and administered a safety exam. The Court ruled that although there was some question of the supervision of the teacher, the injured student was negligent in failing to use the ordinary safety and care of a student her age and maturity.
What is Contributory Negligence?
100
The act or an instance to either students or staff that causes a humiliating mortification.
What is Personal Humiliation?
100
The presumption that parties within a contract will act upon each other with fairness and honesty in regard's contact specifics.
What is good faith standard?
200
Awarded when defendants have shown malice, fraud, or reckless disregard to a injured persons safety or constitutional rights. In the case Melton v. Bow.,277 S.e.2d 100(Ga 1978). The court awarded a former university student $900,000 after the head of the chemistry department falsely accused the student of forging payable checks.
What are Punitive Damages?
200
The event occurring to a legally recognizable injury.
What is Proximate Cause?
200
Teaching that injures a student intellectually or psychologically and the negligence or failure to provide services that can be reasonably expected. In B.M. v. Montana,649 P.2d 425 (Mont. 1982). A student was declared to be mentally handicapped and placed in a segregated classroom. After this placement the students mother noticed a worsening in her child's behavior. She filed a lawsuit saying the school had negligently misplaced her child. The Montana Supreme Court agreed in that the school owed a duty of care in testing and placing special education students under the Montana State Constitution and Administrative Statutes and that the school had breached its duty in this case.
What is educational malpractice?
200
Prohibits individuals from sueing states under the Age Discrimination in Employment Act. In the case Bynie v. Cromwell Bd. of Edu., 243 F. 3d 93 (2nd Cir. 2001) Brynie filed that the school board failed to hire him as a part-time art teacher because of his age based on the Age discrimination in Employment act of 1967. Brynie was able to do this and avoid sovereign immunity because he was a citizen and not a direct representation of the state. The court dismissed the case due to summary judgment and the fact that Brynie was unable to produce sufficient evidence of his claims.
What is sovereign immunity?
200
A teacher had a duty to protect a students and did not. A teacher failed to use due care. The teachers carelessness caused an injury.
What are the three instances a teacher may be held liable for injured students?
300
The compensation of injured persons for their actual losses, including medical, lost salary, and other provable losses. Laster v. Lee county school board., 535 F. SUPP 5d. 586(W.D. Va. 2008) Mary Laster was demoted from a principal to a teacher after she worked for an opponent of Gary Brown, who was an influential member of the school board. Brown was found to integrate Laster's demotion. Brown claimed that Laster was demoted because her school had the lowest test scores in the county because it did not have a lunchroom. This proved to be false. Because Laster suffered considerable humiliation and emotional pain as a result of the accusations, she was awarded 50,000 dollars as compensatory damages even though her pay was not cut.
What are Compensatory Damages.
300
The duty of intent to prevent an adolesent's intention of harm upon themselves and the requirement to notify the adolecents parents in such a situation. In Eisel v. Bd. of Educ. of Montgomery County,597 A.2d 447(Md. 1991) Two high school counselors were held liable for failing to attempt to prevent a students suicide. The two counselors questioned the suicide victim about a suicide pact with another student. During the questioning the students denied the suicide claims. After this denial nothing more was done with the issue. After the death of the student, the students father filed against the counselors in the fact that they did not perform duty of care in alerting the father of the potential suicide pact. The court agreed with the father in this case stating that there is a duty to attempt to prevent an adolescents suicide by reasonable means.
What is duty of care?
300
The liability to employees and third persons when hiring or retaining employees whom are known or should have been known are unfit for duty and put others at an unreasonable risk of harm.
What is negligent hiring?
300
A common law theory which 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. However in the court case Zimmer-Rubert v. Board of Edu. of Baltimore County, 409 Md. 200 (2009), a student was able to sue a teacher individually, to be held personally liable for their negligence.
What is governmental immunity?
300
A wide discription, catchall phrase often associated with the dismissal of teachers for good and just cause.
What is willful misconduct?
400
A set of laws permitting the judge or jury to compare the relative negligence of the plaintiff and the defendant in causing the injury and to reduce the award to the plaintiff in proportion to his/her negligence.
What is comparative negligence?
400
A mental state of suffering that includes distress, anxiety, depression, and signs of grief.
What is mental anguish and suffering?
400
The winner of a lawsuit.
What is prevailing party?
500
Commonly associated with Libel and Slander actions, this is demeaning to ones personal image.
What is imparement of reputation?
500
The act upon which local government units may be held liable for the violation of student and teachers constitutional rights. Flores v. Morgan Hill Unified Sch. Dist., 817F.2d 351(5th Cir. 1987) A case that showed indifference and hostility to toward a homosexual students. These students were taunted and beaten by fellow students. The court found teachers and school administrators liable under section 1983 for the harm done to the students.
What is section 1983?
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