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Shinoff, Sleeth and Carelli Represent School District in Case Resulting in New Jury Instruction to Teachers and Confirmation of Sanctions for Frivolous Claims
May 07, 2007
The California Appellate court recently published a case that will be important to school teachers. This opinion provides--for the first time--the correct basis for a student suing a school teacher for battery. Before this case, there was no law on the issue of school teacher battery. One definition of "battery" is an "offensive touching." Whenever a teacher touches a student and the student cries, there is arguably a battery by that teacher. This new case eliminates that argument, and provides the correct rule, that the teacher must be proven to "intend to harm" the student, or to have used "unreasonable force in the circumstances" before it is a battery.
The parents of two profoundly disabled autistic preschool students who filed this lawsuit alleged that the students' teacher physically abused them. The students' claims were based solely on reports by third-party witnesses who saw the teacher handling the children and the children crying. Dan Shinoff and Jack M. Sleeth, Jr. tried this case for the Escondido Union School District, and won the case before a jury in the Vista Superior Court. The jury determined that the teacher did not harm or batter either child. The jury specifically found that the teacher did not intend to harm the students, and that no school employee, including the teacher, breached any duty of care to either student. The jury decision completely vindicated all of the actions of the school teacher, and the Escondido Union Elementary School District.
The parents appealed the case. The matter was defended by Paul Carelli and Jack M. Sleeth, Jr. The Appellate Court agreed with the trial court, and affirmed the jury decision, but also provided legal authority for the correct jury instruction to be given in a battery case against a school teacher.
a. New Jury Instruction to
Teachers
The published appellate opinion confirms the rule that school teachers have in loco parentis authority to touch students. But the opinion establishes the new rule that a teacher only violates that right by using excessive force or intending to harm the student. This new legal authority will make it easier to defend a battery case against a school teacher.
b. Confirmation of Sanctions
for Frivolous Claims
The Appellate Court also agreed that part of the case was "frivolous" and approved the award of costs and attorney fees to the school district, based upon the trial court finding that several of the claims were frivolous. This published decision will be important to school districts by confirming that parents suing school district run a risk of paying the school district's attorney fees if the law suit is baseless.
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