MI. A teacher was assaulted by a student resulting in separation and tear of shoulder asks: what are my legal options?

Answer from free law advice:

Though your question doesn’t state it outright, I’m going to assume that you were injured on the job, on school property. If that’s the case, then first, you can receive Workers Compensation since you were injured while on the job. In addition, if you want to, you *may* be able to sue your school if there was something negligent or improper in the situation–such as, for example, if the student had a history of violence of which the school was aware and did nothing. Note that accepting Worker’s Compensation will bar you from suing your employer, so you need to make the decision as to what to do before you accept the Worker’s Comp.

You can also sue the student or his/her parents. You don’t say the student’s age, but if he’s over 18 (say, you’re a college professor), you can sue him or her directly. If the student is under 18, you’ll be suing his/her parents, who are responsible for the student’s actions.

In terms of what you could sue for: direct medical costs; lost wages; any special devices or nursing care you require; and possibly pain and suffering, if the injury is severe enough.

Additionally, Michigan has a policy (not a statute or regulation) that teachers cannot use or be trained in certain types of restraint even when in defense of self or others and the hold is legal under Michigan self defense and constitutional law.

 

42 USC 1983 states:

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State of Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.

Thus, if by it’s policy, Michigan Department of Education created an unsafe situation by depriving teachers of rights afforded to private citizens and secured by the Consitution i.e. the ability to defend oneself and another by all means reasonable is a right secured by the Constitution, the school district, if it followed this policy could be liable for the illegal deprivation of a teacher’s civil liberties.

The materials on this website are provided for informational purposes only and do not constitute legal advice.

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