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.
