Tall v. Board of School Commissioners

How courts have described this case

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

• holding that, inter alia, employee’s criminal conviction for alleged tor-tious act demonstrated employee was not acting in scope of his employment
• concluding that a teacher’s act of physically striking a disabled child was outside the scope of the teacher’s employment
• concluding that a teacher’s act of physically striking a disabled child was outside the scope of the teacher’s employment where there was no genuine dispute as to whether the employer authorized the conduct
• collecting cases from other jurisdiction confirming the same and extending holding to employment contexts other than schoolteachers
• “Ordinarily, the question of whether an employee’s conduct is within the scope of employment is one for the jury. The issue becomes a question of law, however, when there is no factual dispute.” (citations omitted)
• “The decision . . . is consistent with decisions from other jurisdictions that have refused to hold employers liable under the doctrine of respondeat superior for sexual assaults upon children perpetrated by school employees.”

Source: CourtListener parenthetical corpus (CC0).