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Tsotesi v. Board of Education of the City School District of the City of New York

Complaint against board of education sufficient to permit recovery for deliberate indifference.

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Judge Kaplan

TSOTESI v. THE BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITYT OF NEW YORK —According to the complaint, one of the individual defendants in this case, a high school teacher employed by The Board of Education of the City School District of the City of New York (the “Board”), on April 16, 2002, seized the arm of plaintiff’s minor daughter without cause or legitimate reason and twisted it behind her back, ultimately breaking the arm. Plaintiff brings this action pursuant to 42 U.S.C. §1983 and state law against the teacher, the Board, the former schools chancellor, the superintendent of Manhattan district high schools, and the principal of the high school. The matter is before the Court on the motion of all defendants other than the allegedly offending teacher (the “BOE Defendants”) for judgment on the pleadings dismissing the complaint for failure to state a claim upon which relief may be granted and, insofar as the motion is made on behalf of the individual supervisory defendants, on the ground of qualified immunity.

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