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· 6/30/2011

MG v. Caldwell-West Caldwell Board of Education

Citations

  • 804 F. Supp. 2d 305
  • 2011 U.S. Dist. LEXIS 70693
  • 2011 WL 2607523

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that excessive force claims by public school officials are generally analyzed as substantive due process claims rather than Fourth Amendment claims
  • applying substantive due process standard to special education student's excessive force claim brought under Fourth and Fourteenth Amendments
  • finding a teacher briefly bear hugging a disruptive special needs student should be analyzed under Gottlieb
  • analyzing a claim where a teacher briefly restrained a special needs student by bear hugging him under the Gottlieb standard rather than under the Fourth Amendment reasonableness standard
  • finding a teacher bear hugging a special needs student did not shock the conscious
  • granting summary judgment in favor of a school district where the plaintiff presented evidence that a teacher restrained an unruly special needs student by temporarily putting him a bear hug because there was a “pedagogical reason” for the use of force

Source: CourtListener parenthetical corpus (CC0).

Judges: Katharine S. Hayden

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.