Student who suffered a broken arm when restrained by a teacher cannot sue
A Kent County 10th grader confronted another student and instigated a fight. She attempted to sue a Godfrey-Lee High School Special Ed teacher, after the teacher and three others struggled to restrain her. When matters settled down, the teacher released the instigator, who immediately punched the other student "in the face and the head" while the victim was restrained. The special ed teacher restrained her again, and in the struggle, she suffered an arm fracture. She alleged an illegal assault and negligence. The Court noted that a teacher has the statutory authority to intervene and use "reasonable physical force" to maintain order in a school environment. The Court of Appeals affirmed the lower court's holding that the allegations raised by the student were not sufficient to create a genuine issue of material fact regarding the "reasonableness" of the teacher's actions. Summary disposition of the claim was affirmed.