Court: Teacher’s contact with student ‘unreasonable’

Thursday, Oct. 8, 2009 | 1:56 p.m.

CARSON CITY – The Nevada Supreme Court has ruled that physical contact between a teacher and a Clark County School District student “was excessive and unreasonable.”

The court said student Eric Webb, in a suit through his parents, was entitled to collect $21,570 from the district and teacher Roger Phillips. But the court said Webb was not entitled to $5,700 for his expenses in receiving psychological services by an unlicensed person.

The incident occurred at Mannion Middle School in March 2005 where Webb was an eighth-grade student.

There was some pushing between the teacher and some students. Phillips said he placed his hand on Webb’s chest and stated, “Don’t do that. You’re going to hurt somebody. That’s dangerous. It’s unacceptable.”

Webb said the teacher choked him for about 30 seconds and took him by the nipple to the dean’s office.

Phillips and the school district argued they were immune from a lawsuit under a federal law that protects teachers from suit when they “take reasonable actions to maintain order, discipline and an appropriate educational environment.”

The Supreme Court, in an opinion written by Chief Justice James Hardesty, said the district and Phillips failed to affirmatively plead the defense in its answer to the suit and therefore waived that defense.

The court overturned the award of $5,700 for David Hopper for treating the student for his emotional distress, saying Hooper was not a licensed psychologist.

District Judge Troy Peyton ruled that Webb had suffered injuries and awarded him $27,270. But the Supreme Court reduced that by $5,700.

Discussion: 4 comments so far…

By gmag39

10/8/09 at 7:07 p.m.

Suggest removal

Another case of letting the inmates run the asylum. Empowering children in this fashion is another indication that society has gone to hell in a handbasket.
By Journey

10/8/09 at 7:39 p.m.

Suggest removal

Wow! We had nuns meaner than that! If this is the worst "emotional distress" the kid ever has to face in life, he will be the luckiest person on earth. He needs to join the military where he can learn how to be a man instead of a girl.
By BugMeTons

10/8/09 at 8:05 p.m.

Suggest removal

As a student in school myself, I have seen the physical actions depicted committed between fellow students on an hourly basis. I mean, it is nothing I haven't seen between students all the time.
By wizardofOz

10/9/09 at 2:56 a.m.

Suggest removal

I think the parents of this kid need to be sued for making such a lousy student, and keeping him/her that way.

(They did make him/her, didn't they?)

Get the parents barstool address, what brand of cigarettes (or whatever else) they smoke, what kind of booze they drink, and how much textbook money they lost gamblin'.

Then send them a letter, certified, return receipt, addressed to:

Attn: MORONS OF THE KID WHO IS A DISRUPTIVE IDIOT
c/o SMOKY BOOZED UP GAMBLIN' HALL (address)
ANYWHERE, CLARK COUNTY, NV 89XXX

In it say:

Dear Parents of the Disruptive and Alleged Student,

You are being sued for making all of us pay for your dear little Johnny's/Jane's idiotic behavior in the hallway (and/or math class, english class, gym, lunchroom, et all).

You are hereby summoned, as proposed settlement, to be judged on YOUR math skills, english skills, gymnastic ablility, and your mealtime manners. Please be advised that you will not be permitted to be boozed up, smoked up, gambled out, or in any other condition that does not warrant proper behavior for a Clark County Student, while you are being judged to settle this case.

Since your child's behaviour is YOUR responsiblity, until he/she is 18, YOU will have to pay behavior penalties if YOU cannot meet school standards.

(We are going to have a lot of failing and broke parents, with DT's, nicotine withdrawl, and the one-armed bandit shakes, that's for sure.)

(and as usual, the disclaimer: All laws regarding parents rights, prerogatives, confidentiality of student records and files, etc., SHOULD BE FOLLOWED TO THE LETTER. These comments are for illustration purposes only, and should not be taken out of context, construed as legal advice, or even tried at home, in the office, or at the mall. Seek *competent* legal counsel as necessary in all cases such as this. Nonetheless, you get the point - I hope.....)