Court: Student can’t sue over teacher’s alleged hitting

Nevada Supreme Court says part of suit can still move forward

Thursday, Oct. 1, 2009 | 10:04 a.m.

CARSON CITY – The Nevada Supreme Court has ruled a federal law exempts the Clark County School District and one of its teachers from a suit filed by a student who claims he was hit after acting up.

The court, however, said one part of the suit by student Devin Husk and his parents could be maintained: whether the school district properly hired, supervised and trained Maureen Kuntze, who was a teacher at Beckley Elementary School.

Husk apparently became upset when the teacher refused to allow him to leave class to attend a ceremony where he was to receive an award. He made comments to the teacher.

Kuntze says she put her hands on the side of Devin’s head to calm him down. But Devin maintains Kuntze hit him, knocking his head against the wall and scratching his face. He says he suffered physical and psychological damage.

The Supreme Court said Congress passed the No Child Left Behind Act in 2001 and it included protections for teachers and other school officials from lawsuits if they take reasonable actions to maintain order and discipline in the classroom.

The federal law does not grant immunity to teachers accused of willful or criminal misconduct, gross negligence and reckless misconduct. In this case, the Supreme Court upheld District Judge Valorie Vega, who ruled the claims by Husk involved simple negligence and were exempted by the federal law.

But the court said the federal law does not exempt the district from suit on allegations of negligent hiring, supervising and training teachers. It sent the case back to district court for further hearings.

Discussion: 6 comments so far…

By davidwayneosedach

10/1/09 at 10:58 a.m.

Suggest removal

It doesn't sound like Devin suffered "severe psychological damage." It sounds like his family is trying to rake in big bucks from the city!

Hope they throw it out of court.
By neiman1

10/1/09 at 3:39 p.m.

Suggest removal

How can banging a kids head against the wall be considered reasonable action to maintain order in her class.

It was willful and negligent. Sure seems like there should at least be a trial of the facts. This seems like justice set aside.
By afveteran

10/1/09 at 3:40 p.m.

Suggest removal

What a waste of time and money funded and maintained by taxpayer money. Frivolous lawsuits such as these cause waste of public monies.
By vsestini

10/1/09 at 3:55 p.m.

Suggest removal

Sounds like Devin needed some real throttling at home before he ever started school. It sounds familiar the kid is insubordinate to the teacher, refuses to follow directions and then is disciplined with a little pat on the cheek. Poor kid...how abused he must have been.

Now the parents bring in their big gun...an attorney figuring to sue teacher and district for mucho big bucks and a reputation of defending the civil liberties of a probable brat.

This happens on a daily basis in the CCSD with some variance in the circumstances, but it is always the teacher who is at fault. No one ever bothers to blame the student, the parent of a lax administration that fails to back teacher classroom policies.

It is no wonder we are breeding homegrown gangsters, terrorists, uneducated, uncivilized and violent students in our alleged 'civilized school system.'
By pattina23581

10/1/09 at 5:52 p.m.

Suggest removal

Honestly, maybe we need to bang a few more heads. Then kids may straighten up, pay attention in school, and behave. That is their job! Do you really believe this kid anyway.
By unclegig

10/2/09 at 7:03 a.m.

Suggest removal

This kid is lucky he's not mine. I would whack his butt for disrespecting the teacher. His parents should be ashamed of what they are doing, they should be helping discipline their kid to become a model citizen. I wouldn't be surprised if these same parents would be, in a few years, bailing their spoiled child out of jail and suing the government for it. They don't make good parents anymore these days.