IAAL/Guru

[LadyBlu]

Good Morning Guys.. have a quick question.. where would I look under TX state statutes to find laws concerning public officials(School Teachers) and what the school would consider abuse, or assault? My son was grabbed twice by his hair as he was sitting in class yesterday by a teacher as she was standing over him and she grabbed his hair and pulled his head back so he was looking up at her. All because of him asking her where Uranus was in the text book. The first time she did it to him she corrected him on the pronunciation, then as she was walking away from my son another student made a comment*Did you know Uranus is bigger then earth?* and she turned around and walked back to my son and pulled his hair and yanked his head back again and stated she was sending him to the office.

Any suggestions on how to handle this? I am pretty ticked and will be caalling the school in about 30minutes.

 

[I AM ALWAYS LIABLE]

My response:

Good morning to you ! Long time no see.

Anyway, you don't need a specific law concerning this matter. This type of outrageous conduct falls under the category of Assault & Battery.

Pulling a child's hair and yanking his neck, is unlawful under general priciples of law - - especially when children's neck cartilage has not yet fully set. Remember, a child doesn't stop growing until about age 17, and such yanking could affect all necessary systems in his neck, from nerves, to muscles, to cartilage, etc.

Have your son seen by a doctor, and file your Governmental Claim for Damages against the County and it's school system, right along with the name of the teacher's. Then, when the Claim is denied, file your lawsuit.

While there are laws in Texas concerning corporeal punishment, the laws do not extend that right to causing actual, physical, harm.

See an attorney as soon as possible.

IAAL

 

[LadyBlu]

My response:

Good morning to you ! Long time no see.

Anyway, you don't need a specific law concerning this matter. This type of outrageous conduct falls under the category of Assault & Battery.

Pulling a child's hair and yanking his neck, is unlawful under general priciples of law - - especially when children's neck cartilage has not yet fully set. Remember, a child doesn't stop growing until about age 17, and such yanking could affect all necessary systems in his neck, from nerves, to muscles, to cartilage, etc.

Have your son seen by a doctor, and file your Governmental Claim for Damages against the County and it's school system, right along with the name of the teacher's. Then, when the Claim is denied, file your lawsuit.

While there are laws in Texas concerning corporeal punishment, the laws do not extend that right to causing actual, physical, harm.

See an attorney as soon as possible.

IAAL

Thanks IAAL, I appreciate it..
The thing that really disturbed me with this is that I sign the waiver yearly for the school to spank my children. So I am not against the teachers right to discipline a child, but this was not discipline by anyone's standards. If I had done this to him in a public place, I would be investigated for Child Abuse.

 

[I AM ALWAYS LIABLE]

My response:

Exactly my point. Such an act goes well beyond Corporeal Punishment. Your "waiver" does not give the teacher the right to perform such an outrageous act.

What child hasn't gone through the "Uranus" jokes ? We all did it. To kids, and even some adults, it's funny. But, does making wisecracks rise to the level of justification for an assault & battery ?

Let me know if you're going to file a Governmental Claim, and all other things you plan on doing in this matter.

IAAL

[Edited by I AM ALWAYS LIABLE on 01-18-2001 at 03:34 PM]

 

[LadyBlu]

My response:

Exactly my point. Such an act goes well beyond Corporeal Punishment. Your "waiver" does not give the teacher the right to perform such an outrageous act.

What child hasn't gone through the "Uranus" jokes ? We all did it. To kids, and even some adults, it's funny. But, does make wisecracks rise to the level of justification for an assault & battery ?

Let me know if you're going to file a Governmental Claim, and all other things you plan on doing in this matter.

IAAL

I am making an appointment for him this afternoon to see my spinal specialist, and maybe get a MRI done. Having spinal problems myself that didnt crop up right away I know that this is the only procedure that will show any damage that may be done.

How do I go about filing a Gov't claim? Do I need an attorney for that? Should I seek out a Personal Injury Attorney?

 

[HomeGuru]

Yes, sue her ass and she will be the butt of jokes in the entire school system.

 

[I AM ALWAYS LIABLE]

My response:

Exactly my point. Such an act goes well beyond Corporeal Punishment. Your "waiver" does not give the teacher the right to perform such an outrageous act.

What child hasn't gone through the "Uranus" jokes ? We all did it. To kids, and even some adults, it's funny. But, does make wisecracks rise to the level of justification for an assault & battery ?

Let me know if you're going to file a Governmental Claim, and all other things you plan on doing in this matter.

IAAL

I am making an appointment for him this afternoon to see my spinal specialist, and maybe get a MRI done. Having spinal problems myself that didnt crop up right away I know that this is the only procedure that will show any damage that may be done.

How do I go about filing a Gov't claim? Do I need an attorney for that? Should I seek out a Personal Injury Attorney?

My response:

Yes, seek the advice of a local Personal Injury attorney concerning a Texas "Claim for Damages". When a potential defendant is a Governmental Entity and / or Employee, as is the situation in your son's case, such "claim" must be made prior to any lawsuit.

Your son will be the client, through you as the Guardian ad Litem during the claims and litigation process. You will also be a client for purposes of reimbursement of all monies you have expended on behalf of your son's medical treatments.

IAAL

 

[LegalBeagle]

Yes, sue her ass and she will be the butt of jokes in the entire school system.

I would want to know if it was cute first..