Thomas v. Bedford

389 So. 2d 405 (1980)

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Nature Of The Case

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

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.

Issues

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Holding & Decision

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Legal Analysis

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