Excessive Force in the Classroom

In many states teachers can gain what is known as qualified immunity from personal lawsuits. In many states teachers and other school employees are immune from personal liability for the actions they take within the "course of their employment." However, this immunity has limits. In M.S. by Soltys v. Seminole County Sch.Bd., 52 IDELR 286 (M.D. Fla 2009) a teacher who abused students in her special education classroom could not persuade the district court to dismiss the Section 1983 claim. The Court held after a review of the facts that the teachers behavior, which included slapping, yelling, and hitting students for disability related behaviors could be viewed as a violation of the student's constitutional rights.

The Court's conclusion here illustrates that when there are cases involving clear abuse of a child, not discipline, that the Court will not allow that teacher qualified immunity. In the Soltys case the teacher argued that her physical aggression towards the child was simply discipline, the Court said that her response was clearly disproportionate to the student's conduct. The court denied the teacher's request for qualified immunity, did not grant the summary judgment, and informed her counsel that a jury will need to decide whether she violated the child's rights.