ALBANY – Teaching assistants who were sued after they slapped students are entitled to defense and indemnification by New York City even though the use of corporal punishment is specifically barred under a state regulation, the Court of Appeals held yesterday in overturning two 3-2 rulings below.
In Sagal-Cotler v. Board of Education, 73, and Thomas v. New York City Department of Education, 74, a unanimous court said that §3028 of the state Education Law requires the city to "provide an attorney not just in civil, but also in criminal casessuggesting that the Legislature wanted even employees who engaged in highly questionable conduct to be defended at public expense."
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