Legal Opinion

Sagal-Cotler v. Board of Education of the City School District

New York Court of Appeals

Decided April 25, 2013PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

Smith, J.

We hold that employees of the New York City Department of Education who are sued for using corporal punishment are entitled to a defense provided by the City, even though the employees’ conduct violated a state regulation.

Both petitioners are paraprofessionals employed in the New York City schools, and are defendants in civil suits brought by students who allege that petitioners hit them. Petitioner in Sagal-Cotler admits that she slapped a student in the face after he refused three times to go with her to the cafeteria. Petitioner in Thomas allegedly hit a…

2Cases cited5 opinions

  1. Riviello v. WaldronNew York Court of Appeals · 1979
  2. Lundberg v. State of New YorkNew York Court of Appeals · 1969
  3. Williams v. City of New YorkNew York Court of Appeals · 1985
  4. Joseph v. City of BuffaloNew York Court of Appeals · 1994
  5. Thomas v. New York City Department of EducationNew York Supreme Court · 2011

3Cited by4 opinions

  1. Regnante v. Securities & Exchange OfficialsDistrict Court, S.D. New York · 2015
  2. Matter of Lemma v. Nassau County Police Officer Indem. Bd.New York Court of Appeals · 2018
  3. Parpounas v. OhaganAppellate Division of the Supreme Court of the State of New York · 2023
  4. Lemma v. Nassau County Police Officer Indemnification BoardAppellate Division of the Supreme Court of the State of New York · 2017

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