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Law Offices of Jonathan M. Cooper

When Teachers Are the Bullies at a New York School

Unfortunately – and frighteningly – bullying at school isn’t limited to fellow students; sometimes, and thankfully it is rare, the bullying is actually done by a child’s teachers.

And from all indications, it certainly appears that this was the case at a Bronx public school, as reported in the June 19, 2014 edition of the New York Post.

According to the 8 year-old special needs student’s mother, her son’s teacher would “Put [him] into the locker for up to 15 minutes, locked inside, more than once a day,” as punishment.

Indeed, on January 27, when this student broke his finger trying to escape from the lockers, the teacher allegedly ignored his screaming, banging on the locker doors, and pleas for help.

Needless to say, this is nothing short of horrifying.

While the school may have a way out of this legal case (the notice of claim was apparently not filed within 90 days of the occurrence, as required by New York’s General Municipal Law), if the Court allows the claim to proceed, the school will have the following problem:

How will the school rebut the plaintiff’s claim that the school was negligent in allowing this 8 year-old special needs student to be disciplined in this fashion on their watch?