This section contains the nature of the case and procedural background.

During her first four years at Morrill Elementary School, Sadonya (P) received special education services. By fifth grade, she was not verified as having a disability sufficient to qualify her for the provision of special education services. In the summer of 1996, P matriculated for seventh grade, and her records were transferred from Morrill to Mitchell (D). P's medical records were reviewed, and it was determined that she was not eligible for special education services because her disability had not been verified under Nebraska law. P's grades were generally average, that she was very social, and that she seemed to be well accepted by her peers. Her grades dropped somewhat during the second quarter of that semester, however, and by the end, she was failing band class. At the end of her first semester, P was having difficulty with her band teacher, Kercher. He daily called her 'retarded,' 'stupid,' and 'dumb' in front of her classmates. In one instance, after belittling her in front of the class for a bad grade on an assignment in her notebook, he threw the notebook at her, hitting her in the face. During a basketball game, P came to her mother and explained that Kercher had just told her that she could no longer play in the band because she was too stupid and that he did not have to teach students like her and that he would not. Meetings were held where P's therapist attended, and Kercher became angry and left. The therapist commented that if Kercher feels that way, [P's] not going to gain anything by being in one of his classes.' P was then removed from the band and placed in a required music appreciation class, which was also taught by Kercher. P completed the music appreciation class despite Kercher's comments. Other students and parents also complained that Kercher had been verbally and occasionally physically abusive toward them in his classes. By next semester, P was failing in many classes. P was less social and had more absences than during the prior semester. In May of 1997, Dr. Scanlan, a psychiatrist, wrote a letter to D, concluding that if P 'returns to school at this point her situation would only worsen, both physically and mentally.' P has been home-schooled since that time. She has suffered from depression and suicidal thoughts and receives counseling and treatment. Ps sued Ds, bringing three 42 U.S.C. § 1983 claims. They also brought a state-law claim of intentional infliction of emotional distress. Ps appealed from a summary judgment on all claims in favor of Ds. The casebook is concerned only with the intentional infliction of emotional distress claim.

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