United States Sixth Circuit

Judgment as a matter of law in favor of a school district in a 42 U.S.C. section 1983 case arising from a physical altercation between a child and her third-grade substitute teacher is affirmed over plaintiff's claims that: 1) Ohio's Political Subdivision Tort Liability Act violates the Ohio constitution; 2) the district court erred by not admitting reports of abuse by other teachers as a sanction; and 3) a reasonable jury could have found the school district liable under section 1983 for failure to train or supervise.

Appellate Information

• Decided 07/24/2006
• Published 07/24/2006

Judges

• Before:  SUHRHEINRICH, ROGERS, and GRIFFIN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  James Brian Kenney, Kehoe & Associates, LLC, Cleveland, Ohio, for Appellant.  Keith Hansbrough, Wilkerson & Associates Co., LPA, Cleveland, Ohio, for Appellee.   ON BRIEF:  James Brian Kenney, Robert D. Kehoe, Kehoe & Associates, LLC, Cleveland, Ohio, for Appellant.  Ernest L. Wilkerson, Jr., Kathryn M. Miley, Wilkerson & Associates Co., LPA, Cleveland, Ohio, for Appellee.