Analysis of Qualified Immunity for Texas Public School Professional Employees as Interpreted by the Texas Courts

Description:

This dissertation analyzed Texas appellate court decisions relating to whether educators' actions were incident to or within the scope of duties and involved the exercise of judgment or discretion in cases involving defamation, motor vehicle exceptions, and excessive force in discipline exceptions. The questions addressed were: (1) How have the Texas appellate courts interpreted Texas Education Code Section 22.051 in litigation against teachers and school administrators for defamation? (2) How have the Texas appellate courts interpreted Texas Education Code Section 22.051 in litigation against teachers and school administrators for injury to students when plaintiffs have sued Texas educator under the motor vehicle exception to the educator immunity law? (3) How have the Texas appellate courts interpreted Texas Education Code Section 22.051 in litigation against teachers and school administrators under the excessive force in discipline exception to the educator immunity law? This dissertation utilized legal research as its methodology. Chapter 3 examines literature with regard to qualified immunity for Texas public school professional employees and discusses the limitations placed upon qualified immunity. Chapter 4 is a comprehensive study of the cases decided by Texas courts involving alleged defamation of students or others by teachers and school administrators. Chapter 5 is a comprehensive study of the cases decided by Texas courts involving the alleged negligent use of motor vehicles by professional public school employees. Chapter 6 is a comprehensive study of the cases decided by Texas courts involving the alleged use of excessive force in disciplining students. Chapter 7 discusses the findings of the analysis of cases as well as the implied limitations regarding qualified immunity of teachers and school administrators.

Creator(s): Carman, John Nathaniel
Creation Date: May 2009
Partner(s):
UNT Libraries
Collection(s):
UNT Theses and Dissertations
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Publisher Info:
Publisher Name: University of North Texas
Place of Publication: Denton, Texas
Date(s):
  • Creation: May 2009
  • Digitized: September 17, 2009
Description:

This dissertation analyzed Texas appellate court decisions relating to whether educators' actions were incident to or within the scope of duties and involved the exercise of judgment or discretion in cases involving defamation, motor vehicle exceptions, and excessive force in discipline exceptions. The questions addressed were: (1) How have the Texas appellate courts interpreted Texas Education Code Section 22.051 in litigation against teachers and school administrators for defamation? (2) How have the Texas appellate courts interpreted Texas Education Code Section 22.051 in litigation against teachers and school administrators for injury to students when plaintiffs have sued Texas educator under the motor vehicle exception to the educator immunity law? (3) How have the Texas appellate courts interpreted Texas Education Code Section 22.051 in litigation against teachers and school administrators under the excessive force in discipline exception to the educator immunity law? This dissertation utilized legal research as its methodology. Chapter 3 examines literature with regard to qualified immunity for Texas public school professional employees and discusses the limitations placed upon qualified immunity. Chapter 4 is a comprehensive study of the cases decided by Texas courts involving alleged defamation of students or others by teachers and school administrators. Chapter 5 is a comprehensive study of the cases decided by Texas courts involving the alleged negligent use of motor vehicles by professional public school employees. Chapter 6 is a comprehensive study of the cases decided by Texas courts involving the alleged use of excessive force in disciplining students. Chapter 7 discusses the findings of the analysis of cases as well as the implied limitations regarding qualified immunity of teachers and school administrators.

Degree:
Level: Doctoral
Language(s):
Subject(s):
Keyword(s): defamation | qualified immunity | public school employee immunity
Contributor(s):
Partner:
UNT Libraries
Collection:
UNT Theses and Dissertations
Identifier:
  • OCLC: 449203796 |
  • UNTCAT: b3795444 |
  • ARK: ark:/67531/metadc9857
Resource Type: Thesis or Dissertation
Format: Text
Rights:
Access: Public
License: Copyright
Holder: Carman, John Nathaniel
Statement: Copyright is held by the author, unless otherwise noted. All rights reserved.