Willoughby v. Lehrbass

In an action for battery and use of unreasonable physical force on a student, must the trial judge instruct on battery solely pursuant to the standard jury instructions, and must the trial judge inform the jury that the school code provision dealing with corporal punishment, MCL 380.1312; MSA 15.41312, applies only where the teacher is acting to maintain proper discipline? These questions and others confront us in this case of first impression concerning discipline in the public schools.

On January 23, 1981, plaintiff Frank Dain Willoughby was a student in defendant Roger Lehrbass’s fifth hour…