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Maradiaga-Munguia v. Pleasantville Public Schools, et als., Docket Number ATL-L-830-15

Client: Pleasantville Public Schools

Brief Attorney:  Jessica M. Anderson, Esq.

Plaintiff, a special needs student at Pleasantville High School, claimed that he was assaulted by a substitute teacher who pulled down his pants in the hallway of the high school causing him emotional injuries which lead to his attempt to commit suicide.  Defendants filed a motion for summary judgment arguing that they were not responsible for the substitute teacher’s intentional acts, are immune from liability for failure to enforce the law and for failure to provide police protection, and that Plaintiff’s injuries did not meet the Tort Claims Act threshold because he failed to produce objective medical evidence of a permanent injury.  Plaintiff opposed the motion arguing that Defendant negligently trained and supervised its employees, Defendant failed to place Plaintiff in the proper school environment, and Plaintiff met the Tort Claims Act threshold because he suffered from cerebral palsy.  The court disagreed and granted Defendant’s motion for summary judgment for the reasons stated in their brief.

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