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

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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 ... continued below

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Carman, John Nathaniel May 2009.

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This dissertation is part of the collection entitled: UNT Theses and Dissertations and was provided by UNT Libraries to Digital Library, a digital repository hosted by the UNT Libraries. It has been viewed 8452 times , with 53 in the last month . More information about this dissertation can be viewed below.

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  • Carman, John Nathaniel

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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.

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  • May 2009

Added to The UNT Digital Library

  • Sept. 23, 2009, 2:51 p.m.

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  • Oct. 29, 2009, 4:01 p.m.

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Carman, John Nathaniel. Analysis of Qualified Immunity for Texas Public School Professional Employees as Interpreted by the Texas Courts, dissertation, May 2009; Denton, Texas. (digital.library.unt.edu/ark:/67531/metadc9857/: accessed November 19, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; .