United States Eleventh Circuit

In case involving a hostile encounter between a teacher and her student where the teacher allegedly grabbed and squeezed the student's neck, summary judgment for teacher and school official defendants is affirmed where although misguided, the teacher's response to the student's misconduct, if true, was not so brutal or inhumane as to shock the judicial conscience. Moreover, it cannot fairly be said in light of the student's misbehavior that the teacher's conduct was based on actual malice or an intent to injure.

Appellate Information

• Decided 10/25/2007
• Published 10/25/2007

Judges

• PER CURIAM:, Before EDMONDSON, Chief Judge, and CARNES and FAY, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Darcy S. DuVal, William P. Claxton, Claxton & Claxton, LLC, Atlanta, GA, for Plaintiff-Appellant.


• For Appellees:
  
• Stephen T. Snow, Roger Scott Sumrall, Hall, Booth, Smith & Slover, P.C., Atlanta, GA, William Thomas Cable, Jr., Vinson, Talley, Richardson & Cable, Dallas, GA, for Defendants-Appellees.