Assault & Battery 14 Year Old Child Physically Assaulted By His Teacher

[iwannaknow]

My jurisdiction is: Florida

A student in Panama City was physically assaulted by his teacher for telling the teacher that he could teach the class better than he could. His mother tried twice to file charges against the teacher but,
the police department refused to file an incident report, citing that only the school police could do that. However, the school is covering it up and pretending it never happened. She also tried to get an attorney to take the case. The attorney listened to the child and then told the mother that she would get back with her, but never did. The mother called numberous times but the attorney will not return her calls.

Question: When a child has been attacked by his teacher, what entity is available in which the mother can file charges if the police and the school refuses her efforts?

 

[dee_dub]

Panama? God only knows what entities there are there. I'm guessing that if the police don't take action, she can file a complaint with the school board, and could sue the teacher and/or school for assault in civil court. Really, she could do those whether or not the police do anything.

 

[CdwJava]

When you say the teacher "physically assaulted" your teenager, what did this entail? Where did it happen? Was the child injured at all?

The reason the city police won't take the report is that it appears to be the jurisdiction of the school district's police department. If the district police won't take a crime report, it might mean that it does not meet the legal grounds necessary for a crime report, or, that they are refusing for some other reason (maybe good, maybe bad ...).

If an attorney is not excited about taking the case of an assault by a teacher against a student, chances are there was no injury and no egregious act sufficient to generate sufficient revenue for it to be worth the time.

You are certainly free to pay an attorney to entertain a lawsuit against the teacher and the school district if you have the funds. Whether you will prevail or not will depend on a lot of details .. .such as when it happened, where it happened, the nature of the assault, and any injuries or other damages sustained.

You may also complain to the school, the district, the school board, and even scream to the media if they will listen.

- Carl

 

[iwannaknow]

Panama? God only knows what entities there are there. I'm guessing that if the police don't take action, she can file a complaint with the school board, and could sue the teacher and/or school for assault in civil court. Really, she could do those whether or not the police do anything.

Thank you, we had not thought of filing a complaint with the School Board. In case they ignore her, how is it possible for her to sue the teacher/school for assault in civil court when she (my niece) cannot even get a lawyer to represent her?

 

[iwannaknow]

When you say the teacher "physically assaulted" your teenager, what did this entail? Where did it happen? Was the child injured at all?

The reason the city police won't take the report is that it appears to be the jurisdiction of the school district's police department. If the district police won't take a crime report, it might mean that it does not meet the legal grounds necessary for a crime report, or, that they are refusing for some other reason (maybe good, maybe bad ...).

If an attorney is not excited about taking the case of an assault by a teacher against a student, chances are there was no injury and no egregious act sufficient to generate sufficient revenue for it to be worth the time.

You are certainly free to pay an attorney to entertain a lawsuit against the teacher and the school district if you have the funds. Whether you will prevail or not will depend on a lot of details .. .such as when it happened, where it happened, the nature of the assault, and any injuries or other damages sustained.

You may also complain to the school, the district, the school board, and even scream to the media if they will listen.

- Carl

"When you say the teacher "physically assaulted" your teenager, what did this entail? Where did it happen? Was the child injured at all?"

It happen in class. This was his last class before school would let out. Anyway, as I say in the first post, he did tell the teacher that he could teach the class better than he could. Yes, he was wrong for saying that in class. He is borderline genius and is easily bored if not challenged. However, that is no excuse for a teacher to lose their temper and assault a child. When class was over, he allowed the other students to leave, but told Billy (not his real name) that he could not leave. But Billy saw anger in his eyes and told his teacher that he had to go home. That is when his teacher grabbed him by the arm. Billy wrestled his arm away from the teacher while telling him to leave him alone. As Billy was going down the hall the teacher followed him and caught up with him right before Billy could exit the school gate and shoved him against the wall. Billy was terrified because of the terror he saw in his teacher's face. He then made a run toward the gate but the teacher caught up with him and grabbed him by his wrist and slung him against the fence. He then balled his fist as if he was going to hit him, but by then the assistant principle hollered and asked what was going on. That is when the teacher lied and said that Billy was being beligerent (spelling). Billy told his side of the story and those who saw it told what happened. Billy was released to go home. His wrist was injured and his back was sore, but his mother "doctored" on him herself by giving him Tylenol. By the third day he was not sore anymore.


"You are certainly free to pay an attorney to entertain a lawsuit against the teacher and the school district if you have the funds. Whether you will prevail or not will depend on a lot of details .. .such as when it happened, where it happened, the nature of the assault, and any injuries or other damages sustained."

Yes, you are probably right. No, she doesn't have the funds. Moreover, she kinda gave up. She is poor and African American. The teacher is white and of good reportire. Even if she did have the funds she probably would not prevail anyway. This is Bay county, infamous for the Martin Lee Anderson (a 14 year old) incident where duty officiers smothered him to death with ammonia (while hitting him with fist) were found innocent of all charges.:no:

The injuries Billy sustained were not permanent or even serious. The mother and I just feel that the school should have at least talked to her instead of ignoring her. This teacher is a former pro wrestler. He put so much fear in Billy that he was afraid of his teacher each time he went to class.

I will tell the mother about the option of Civil Court. One thing I do know, had Billy done to the teacher what the teacher did to him, he would have been arrested and put in the Bay County Detention center. In this county, a student cannot even lightly shove a teacher without being expelled from class. It just doesn't seen right that a teacher can do what he did and not even be disciplined for it. However, if a lawyer doesnt feel he will win because the injury was not serious then obviously there is probably no use in taking it any further. I thought the "act" itself (not the extent of injury) was wrong and therefore unlawful.

 

[CdwJava]

Battery is a crime whether an injury occurs or not, but depending on the nature of injury and how it is described in your state would determine the severity of the offense. I suspect that if there was no mandatory doctor's treatment, the assault will be a misdemeanor.

If she cannot get the district or city police to investigate the crime, then she really should consult a civil attorney. Maybe even speak with the DA's office - if they think it should be looked into they can either do it themselves or put pressure on one of the police agencies to do it.

- Carl

 

[iwannaknow]

Battery is a crime whether an injury occurs or not, but depending on the nature of injury and how it is described in your state would determine the severity of the offense. I suspect that if there was no mandatory doctor's treatment, the assault will be a misdemeanor.

If she cannot get the district or city police to investigate the crime, then she really should consult a civil attorney. Maybe even speak with the DA's office - if they think it should be looked into they can either do it themselves or put pressure on one of the police agencies to do it.

- Carl

Yes, she has spoken to 2 attorneys but because the injury did not require a doctor they said the best thing for her to do is to put pressure on the school board to do something about it. However, they are not interested in doing anything about it either and the police dept. is determined not to do anything about it either. Thank you for replying anyway. Appreciate your time. I will suggest to her that she go to the DA's office downtown.

 

[Hideoutcabins]

I suggest this may fall under allowable and/or reasonable corporal punishment,,,,,however, not enough facts to determine. Nonetheless, you might consider advising the child if she feels as though she has been assaulted in the future to call 911. With that happening, police will respond and make a report.

 

[FlaRiptide]

He then made a run toward the gate but the teacher caught up with him and grabbed him by his wrist and slung him against the fence

Thank goodness this was only a teacher. If this situation had involved a policeman, Billy could potentially have been tasered!! I must play devil's advocate here, as the story is one sided and not from the teacher's perspective.

but told Billy (not his real name) that he could not leave. But Billy saw anger in his eyes and told his teacher that he had to go home. That is when his teacher grabbed him by the arm. Billy wrestled his arm away from the teacher while telling him to leave him alone.

This sounds more like Billy was defiant and not following the directions of the teacher. Is it perhaps the teacher "took him by the arm" and not "grabbed"? Is it possible that Billy thought he was too smart and did not need to follow the requests of the teacher?

I'd recommend a meeting with the teacher and principal to get both sides of the story prior to pursuing legal action. With the limited details of what happened, my money is the side of the teacher.

By the way dee_dub, Panama City is a city in the Florida panhandle.

 

[dee_dub]

Well what do you know. I spend so much time asking people what their jurisdiction is, I should pay attention when they actually give it like they're supposed to.

 

[raskalnikov]

Panama City is quite beautiful.

it's a common SPRING BREAK spot. . .