Brandon, MS asked in Criminal Law, Personal Injury, Civil Rights and Gov & Administrative Law for Mississippi

Q: Can a teacher physically restain a student, by forcefully grabbing the student's upper arm (causing bruising)?

1 Lawyer Answer
William Jaksa
William Jaksa
Answered
  • Criminal Law Lawyer
  • Toronto

A: The not-straight-forward answer is that they shouldn't ever... BUT there are circumstances when a teacher or any other adult may be justified in physically restraining a student. A teacher is responsible for the welfare of all the student in their charge. If they used force to prevent an assault or stop an assault they may be justified. Restraining someone to the point of leaving bruises shows that a significant amount of force may have been needed to restain that student, meaning that student may have continued to fight and struggle. Meaning that student likely needed a greater deal of force to stop their behaviour.

Ideally, a teacher should be able to intervene without physically touching a student, but when they are required to use any force they should be held to account for why they did and was the amount of force justified.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.