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Tuggle v. Rose

The plaintiffs failed to present sufficient evidence to rebut a seventh grade teacher's direct evidence of a lack of malice in holding a student in a headlock, and the trial court thus erred in denying summary judgment to the teacher on official immunity grounds.

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Harriet Tuggle, a teacher at a Fulton County middle school, appeals the denial of her motion for summary judgment on official immunity grounds in this assault-and-battery action brought by a former student, P. R., and his parents. Tuggle argues that because the plaintiffs have presented insufficient evidence to rebut her direct evidence of a lack of malice, she was immune from suit and entitled to summary judgment. We agree and therefore reverse.

1. Factual background.

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