Thomas v. Bedford

389 So. 2d 405 (1980)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Goff, a student at the school, was 14 years of age, weighed between 95 and 100 pounds, and was 4 feet 9 inches in height. D, a teacher at the school, was 26 years of age, weighed between 135 and 140 pounds, and was 5 feet 9 inches in height. D was standing outside a classroom with two other teachers, Goff came up and struck Bedford a light blow in the back with his hand. Instead of going to his class as instructed by D, Goff picked up a rubber band and from a distance of about two feet propelled it into D's face. Goff then turned and ran into his classroom, chased by D who threw a two-foot long 1 by 2 board at the youngster but missed him. Fifteen minutes later, D eventually pulled the youngster into an adjoining vacant 'project' room. D testified that he gave Goff a 'severe shaking.' Goff stated that D struck him three or four times on the body with his fist. The statement of the physician who examined Goff, corroborate Goff's version of the incident. P sued D and the school district for battery. The court found that D’s punishment was excessive and exceeded reasonable force. It then held that corporal punishment was legal and that D was immune from liability. P appealed.