QUESTION

Civil or Criminal, best option

Asked on Nov 15th, 2016 on Civil Litigation - Maryland
More details to this question:
If a child (12) years old is hit by a Sunday school teacher at church in front of other students (2x) with malice (the teacher was frustrated). The teacher has profusely apologize for his action and stepped down from teaching. Both teacher child was disruptive, the child stated he did not want to be in the class with this particular teacher and let his feeling known verbally. The teacher stated that he did not want the student to leave (imprisonment?) and force him to stay, felt that his words would sink in and hit a chord in the spirit. I know this is definitely a criminal case, but can we sue the church for negligence as well? Is there a case? Please let me know through email as where I am the cell reception is horrible.
Report Abuse

1 ANSWER

Appellate Practice Attorney serving New York, NY
Civil and criminal proceedings are independent of each other.  Whether or not the local prosecutor decides to bring criminal charges against the teacher makes no legal difference to whether or not you choose to sue the teacher or the school, although obviusly it would help your position if the prosecutor did bring criminal charges.  You may have a claim against the church for assault, battery, and intentional infliction of emotional distress, contending that its employee was {arguably} acting within the scope of his employment when he struck the student, and the church is therefore liable for the teacher's actions.  You may also have a claim against the school for negligence, but I saw nothing in your email to indicate that the church was negligent.  Are you contending that there was something in the teacher's past history that should have tipped the church off and it was therefore negligent in hiring him?  Or in some way negligent for not having more security or supervisory personnel there to protect the students better? There is also a question of the amount of damages you can recover.  You haven't mentioned any monetary damages the child or his family suffered and, while you may not need any monetary damages to sustain the intentional tort claims, you probably (I say probably because Maryland law may be slightly different than where I practice) will need to show monetary damage to sustain a claim for negligence.
Answered on Nov 15th, 2016 at 1:24 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters