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No Immunity for School Official Taping Second Grader's Head to Tree
"The facts are not complicated." A school vice principal taped a
second-grade student's head to a tree as punishment, releasing him after
five minutes when a fifth-grade student said she didn't think he ought to
be doing that. The claim is properly analyzed under the Fourth Amendment,
not the Due Process Clause, though the court acknowledges that conceivably
a school use of force case might arise that is neither a search nor a
seizure and therefore is properly treated as a due process matter. These
allegations made out a violation of clearly established rights
notwithstanding the lack of a prior case in point. At 909: "Indeed it is
difficult to imagine this situation recurring with any frequency." See: Doe
v. State of Hawaii Dep't of Education, 334 F.3d 906 (9th Cir. 2003).
second-grade student's head to a tree as punishment, releasing him after
five minutes when a fifth-grade student said she didn't think he ought to
be doing that. The claim is properly analyzed under the Fourth Amendment,
not the Due Process Clause, though the court acknowledges that conceivably
a school use of force case might arise that is neither a search nor a
seizure and therefore is properly treated as a due process matter. These
allegations made out a violation of clearly established rights
notwithstanding the lack of a prior case in point. At 909: "Indeed it is
difficult to imagine this situation recurring with any frequency." See: Doe
v. State of Hawaii Dep't of Education, 334 F.3d 906 (9th Cir. 2003).
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