Safety Law News for August 14, 2023

— In Kentucky, the Kentucky Court of Appeals ruled that a trial court erred in granting a directed verdict in favor of a school teacher who chained a student to a tree to keep him from skipping class.  Specifically, the student’s case was remanded for a new trial on the issue of damages including punitive damages.  The student’s lawsuit was based on claims of false imprisonment and assault and battery.  Factually, “(b)y his own admission, (the student) had either skipped the class or left the class early on a number of occasions during that semester.”  One day, “when (the teacher) walked into the classroom, he had a large log chain over his shoulder and had several key locks on his belt loop. (The teacher) then told (the student) that he was going to keep him from leaving the class early…(The teacher) secured the chain around (the student’s) ankle, and led him outside to an area where…(the teacher) then put the chain around a tree, locked it, and told (the student) not to go anywhere.”  The legal standard announced by the appellate court was that, “false imprisonment (is) any deprivation of the liberty of one person by another or detention for however short a time without such person’s consent and against his will, whether done by actual violence, threats or otherwise. Furthermore, false imprisonment requires that the restraint be wrongful, improper, or without a claim of reasonable justification, authority or privilege.”  The lower court ruled that there was enough evidence to establish that a false imprisonment and an assault and battery occurred. However, the lower court concluded that there was no evidence that the student had been damaged by the teacher’s conduct.  The appellate court reversed, ruling that “was sufficient evidence of emotional damages to warrant submitting the issue to the jury,” and that “(n)either false imprisonment and assault and battery requires proof of damages.”  Banks v. Fritsch.

— In Texas, the Plano Independent School District (ISD) will begin the process of implementing a school safety program ensuring an armed safety guard is present on every school campus.  The policy was announced in response to House Bill 3, which requires public school boards to make sure at least one, armed, security officer is present on every district campus during school hours.  The school Marshall must be licensed by the Texas Commission on Law Enforcement, pass a psychological exam, and complete 80 hours of initial training and 16 hours of refresher training every two years.

— In Kentucky, Kentucky school districts continue making progress toward the policy goal of deploying law enforcement officers to all schools. An upcoming Report from the Kentucky School Security Marshal’s Office finds 685 school resource officers deployed Kentucky public schools, a 33% increase from 2022 and the most in state history.

— In Louisiana, the Iberville Parish Sheriff hopes that the deployment of school resource officers on every campus will eliminate truancy as well as provide campus safety.