Law & Courts

Supreme Court Denies Appeal From 1st Grader With Disabilities Put In Chokehold by Teacher

By Mark Walsh — June 13, 2022 4 min read
Image of the Supreme Court.
  • Save to favorites
  • Print

The U.S. Supreme Court on Monday declined to take up an appeal on behalf of Texas parents who allege that a teacher placed their son, a 1st grader with disabilities including ADHD, in a chokehold until he foamed at the mouth.

A federal magistrate judge had concluded that the teacher’s actions, in response to the 7-year-old student pushing and hitting her, “were taken in pursuit of a legitimate pedagogical purpose” of maintaining an environment conducive to learning.

The parents sued, but two lower courts dismissed claims against the district and granted qualified immunity to the teacher, holding that a student may not bring a federal claim for excessive force because state remedies were available for any excessive corporal punishment.

In T.O. v. Fort Bend Independent School District (Case No. 21-1014), lawyers for the family had urged the justices to take up the case because federal courts of appeals were divided about when and how public school students may assert federal constitutional claims alleging excessive force by school officials.

A coalition of disability rights groups, in a friend-of-the-court brief in support of the student, urged the court to take up the case, arguing that while corporal punishment has declined in Texas and other states that permit it, “the threat of excess force at school has shifted, not disappeared.”

“Today, children with disabilities far too often suffer physical and mental abuse in school,” says the brief by Disability Rights Texas and other groups. “They are struck, restrained, and isolated in numbers far beyond other children.”

Incident unfolded in a hallway

The case involves a student identified in court papers as T.O., who has attention deficit hyperactivity disorder and oppositional defiant disorder. His behavioral intervention plan called for him to be removed to a quiet place when his behaviors interfered with class participation.

One day in 2017, the 1st grader was removed to the hallway to calm down, accompanied by a behavioral aide. A 4th grade teacher walked by and “decided to interfere,” as T.O.’s court papers put it. The 4th grade teacher allegedly yelled at T.O., despite the aide’s comments that the situation was under control. The student sought to re-enter his classroom, pushing past the 4th grade teacher and hitting her leg, court papers say.

That is when the teacher, who weighed 260 pounds according to court papers, grabbed the 55-pound student by the neck and threw him to the ground, holding him in the chokehold and telling him he “had hit the wrong one.”

The chokehold lasted several minutes, court papers say, until others at the school intervened. T.O. went to the school nurse and had a bruised neck. Court papers say the school district conducted multiple investigations of the incident; the 4th grade teacher was not fired or disciplined.

T.O.’s parents sued the school district under federal disabilities laws and the teacher under the Fourth Amendment’s clause against unreasonable seizures and the 14th Amendment’s due-process clause.

The magistrate judge granted qualified immunity to the teacher because state law provided a separate remedy for excessive corporal punishment, and under precedents of the U.S. Court of Appeals for the 5th Circuit, in New Orleans, no federal due-process claim may be brought by a student when such a state remedy exists and the punishment was carried out for disciplinary or pedagogical purposes. The judge also dismissed claims against the school district.

A three-judge panel of the 5th Circuit court unanimously affirmed, though two judges wrote concurrences noting that the circuit precedents ran counter to other federal appeals courts, which allow federal constitutional claims in school excessive force cases.

That was the emphasis of the appeal to the Supreme Court filed by T.O. and his parents.

“The 5th Circuit stands alone in holding that public school officials who use excessive force against students are completely insulated from constitutional scrutiny, so long as there is some purportedly ‘pedagogical’ or ‘disciplinary’ purpose for the use of force, if state law provides a cause of action against the school official,” the appeal said.

The disability rights groups, in their brief, argued that “teachers who are not adequately trained in de-escalation techniques and other ways to address student behavior, or who ignore their training, have too often responded to student behavior with physical and mechanical restraints, seclusion, and even resort to physical violence.”

The Fort Bend school district and the 4th grade teacher, in a brief urging the justices not to take up the case, argued that students subject to excessive discipline have adequate remedies in state courts.

“The federal constitutional rights of students in the public school setting are often limited,” the school district and teacher’s brief added. “Where a state both prohibits and remedies the use of unreasonable force against students, student disciplinary issues should be shaped by state lawmakers and local officials, rather than the individual predilections of federal jurists.”

The Supreme Court’s denial of review is not a decision on the merits of the family’s claim.

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Reading & Literacy Webinar
Unlocking Success for Struggling Adolescent Readers
The Science of Reading transformed K-3 literacy. Now it's time to extend that focus to students in grades 6 through 12.
Content provided by STARI
Jobs Virtual Career Fair for Teachers and K-12 Staff
Find teaching jobs and K-12 education jubs at the EdWeek Top School Jobs virtual career fair.
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Artificial Intelligence Webinar
MTSS + AI in Action: Reimagining Student Support
See how one district is using AI to strengthen MTSS, reduce workload, and improve student support.
Content provided by Panorama Education

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Trump Admin. Pauses Ban on Undocumented Kids in Head Start in These States
The administration said July 10 that undocumented immigrants were newly ineligible for a range of federally funded services.
2 min read
Students help put away supplies at the end of a reading and writing lesson at the Head Start program run by Easterseals, an organization that gets about a third of its funding from the federal government on Jan. 29, 2025, in Miami.
Students put away supplies at the end of a lesson at the Head Start program run by Easterseals on Jan. 29, 2025, in Miami. The Trump administration reclassified Head Start as a "federal public benefit" similar to welfare so it can bar undocumented students from the early childhood program, but the policy is now on hold in 20 states and the District of Columbia.
Rebecca Blackwell/AP
Law & Courts States Sue Over Trump's Ban on Undocumented Youth in Head Start, Early College
The cost of compliance is so high, the lawsuit argues, some Head Start programs could be forced to close.
4 min read
Students ride tricycles during aftercare at a Head Start program run by Easterseals, an organization that gets about a third of its funding from the federal government, Jan. 29, 2025, in Miami.
Students ride tricycles at a Head Start program run by Easterseals, an organization that gets about a third of its funding from the federal government, on Jan. 29, 2025, in Miami. The Trump administration has reclassified Head Start as a "federal public benefit" similar to welfare so it can bar undocumented students from the early childhood program. Twenty-one attorneys general are now suing over that policy change.
Rebecca Blackwell/AP
Law & Courts Appeals Court Backs Arkansas Law Targeting Critical Race Theory
A federal appeals court allowed Arkansas to enforce its law barring teachers from "indoctrination" of students in Critical Race Theory.
3 min read
Arkansas Gov. Sarah Huckabee Sanders signs an education overhaul bill into law, March 8, 2023, at the state Capitol in Little Rock, Ark.
Arkansas Gov. Sarah Huckabee Sanders signs an education overhaul bill into law on March 8, 2023, at the state Capitol in Little Rock. The law includes a provision targeting critical race theory and other ideologies that state lawmakers considered "discriminatory."
Andrew DeMillo/AP
Law & Courts Trump Admin. Can Proceed With Ed. Dept. Layoffs, Supreme Court Rules
The Trump administration asked the justices to set aside an injunction blocking its layoffs of 1,400 Education Department employees.
6 min read
Department of Education Secretary Linda McMahon outside of the West Wing following a Cabinet meeting at the White House on April 11, 2025 in Washington.
U.S. Secretary of Education Linda McMahon outside of the West Wing following a Cabinet meeting at the White House on April 11, 2025, in Washington. McMahon is carrying out a Trump administration plan to lay off roughly 1,400 Education Department employees, a move critics say is aimed at dismantling the agency.
Lenin Nolly/NurPhoto via AP