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Aliffi v. Liberty County Sch. District

A teacher was officially immune from liability for the death of plaintiffs' daughter when a large roll of paper fell on her where the teacher was exercising her discretionary authority in sending the daughter to get some paper from the roll.

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Timothy and Barbara Aliffi filed this wrongful death lawsuit after their daughter, Christina, was killed in an accident in the Liberty County Elementary School garage. The Aliffis sued the Liberty County School District, the School Board of Liberty County and Marsha Simmons, individually and in her official capacity, alleging negligent and intentional misdeeds. The defendants filed a motion for summary judgment, claiming they were immune from liability and that there had been no evidence of actual malice to remove this immunity. The state court granted the motion and the Aliffis’ appeal. For the following reasons, we agree with the state court and affirm.

The basic facts in this case are undisputed and are set forth in the state court’s eight-page order granting summary judgment. Ten-year-old Christina Aliffi was a student at Liberty County Elementary School where Marsha Simmons was a first-grade teacher. On March 24, 1997, Simmons was directing some students, including Christina, in making posters. To this end, Simmons sent Christina with another fourth-grader, Jessica Crane, to get some paper from a large roll in the school storage garage.

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