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PATC Article Detail
Title:
Principal Who Allegedly Struck 13 year old in Head With a Metal Cane is Not Entitled to Qualified Immunity
Author:
Jack Ryan
ID:
LL85
Issue:
SU1-2
Issue Date:
2004-03-01
Edition:
School
Type:
Article
Body:
Kirkland v. Jones, 347 F.3d 903 (11th Cir. 2003).
The Kirkland case involved a thirteen year old student who was called to the principalís office on a disciplinary matter. The student, Demario Jones, alleged in his claim that when he was in the principalís office, James Morrow, the principal of Eutaw High School, struck him Repeatedly with a metal cane. Jones alleged that he suffered injuries to his ribs and back as well as a knot on his head. The principal sought qualified immunity asserting that the law on corporal punishment was not clearly established at the time of the events leading up to this lawsuit. In rejecting the principalís qualified immunity motion, the court pointed out that where a school official intentionally uses force that is obviously excessive and the force used presented a reasonably foreseeable risk of injury a violation of the studentís due process rights may be established. Repeatedly striking a 13 year old with a metal cane when he was not armed or physically threatening would fulfill both these criteria.
Citation 1:
Kirkland v. Jones, 347 F.3d 903 (11th Cir. 2003)
Citation 2:
Citation 3:
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