In the case of E.W. v. Detroit Pub. Sch. Dist., 6th Cir. No. 20-1790, 2022 U.S. App. LEXIS 7724 (Mar. 21, 2022), an appellate court held that school officials’ acts slamming the student onto the pavement and punching the student in the face were unreasonable and therefore those officials were not entitled to qualified immunity from those actions.
In this case, a school police officer and an assistant principal argued that use of force against a student, including being slammed onto the pavement and being punched in the face, was justified when the student was attempting to enter the back entrance of the school building in violation of school policies and that both officials were entitled to qualified immunity under 42 U.S.C. § 1983. In response, the student argued that the force used was a violation of the student’s Constitutional rights under 42 U.S.C. § 1983 because the student was not suspected of a crime nor posing a threat to either of the school officials and therefore the two officials were not entitled to qualified immunity. The appellate court agreed with the student.
In support of its decision in favor of the student, the appellate court explained that slamming the student to the pavement and punching the student in the fact were unreasonable acts of excessive force when the student was no threat to the school officials or anyone else. The appellate court further explained that the student had a clear right be free of such acts of excessive force, and therefore the officials were not entitled to qualified immunity.
NOTE: Although the court refused to grant summary judgment, the final outcome of the case may be different.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.