Complete a brief using the sample brief attachedAnd the following website:https://caselaw.findlaw.com/us-supreme-court/530/290.htmlFollow the REQUIRED format of the SAMPLE BRIEF attached. Remember that briefs are just that–brief. Additionally, prepare your briefs from the perspective of a dispassionate reporter. As a closing comment, share what this case means to you as an educational leader – how it will guide you, impact your decisions, in general, and what difference it will make. Entitle this “Impact on me in my future position.â?FYI, my future position is teaching grades 4-8
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Citation: Simms v. School District No. 1, Multnomah Co., 508 P.2d 236 (Ore. 1973)
Topic: Assault and Battery
Relief Sought: Students brought action to recover damages against school district and one of
its teachers for assault and battery.
Issue(s): (1) Did teacher wantonly shove student into door? (2) May teacher use reasonable
force to move a disruptive child from the classroom? (3) Did the trial judge err in
instructions to the jury?
Facts: Plaintiff, Richard Simms, 14, brought action for assault and battery against district and a
teacher, Martin Weitz, alleging that he was wantonly shoved into a door and glass
window, breaking the window and injuring his arm. Defendant denied the allegations
and said that while plaintiff was being removed from the classroom by reasonable force,
the incident occurred, but that it was within the teacher’s rights to do so. Plaintiff
demurred to teacher’s defense; court overruled the demurrer. Case went to a jury which
returned a verdict in favor of both defendants. Plaintiff appealed. Plaintiff was enrolled
in a “model” school for disadvantaged, and had a poor record.
Finding of the Trial Court: For defendant school district and teacher.
Finding of the Appellate Court: Court of Appeals affirmed the court below.
Reasoning: Teachers may use reasonable force to remove a child from the classroom if he is
a disruptive element therein. The district’s regulation on corporal punishment read, in
part: “Except in the event of forcible and physical resistance to the teacher’s authority,
corporal punishment shall be administered only after the teacher has procured in
advance the approval of the principal.” The issue of whether or not the student offered
“forcible and physical resistance to the teacher’s authority” was for the jury to decide.
The judge told the jury that it was for it to decide whether or not the teacher used
reasonable force within the meaning of the regulation. A teacher stands in loco parentis
to the child, and shares the parents’ right to obtain obedience to reasonable demands by
force. In Ware v. Estes, 328 F.Supp. 657 (TX 1971), affirmed, 458 F.2d 1360 (1972) the
federal courts held that corporal punishment is not “cruel and inhuman treatment” under
the Eighth Amendment. We hold that the child has no constitutional grounds to object to
corporal punishment so long as it is reasonable, properly administered and so as not to
cause harm, and is legally authorized. Nor do we consider as inadmissible the teacher’s
written report prepared on the day of the act for his principal on grounds that it is selfserving. The teacher was subject to cross examination regarding all aspects of the
report, including its authenticity and reliability and accuracy. Clearly the court did not
abuse its discretion in this case.
Impact on Me in My Future Position: As a school leader, I will need to understand what
courts consider â??reasonable forceâ? and explain that to my teachers. With the in loco
parentis status teachers and administrators are caretakers of our students. That is an
awesome responsibility that we should not take lightly.
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