Tying a student to a chair for extended periods as an instructional technique violates the substantive due process right to be free from bodily restraint.
A second-grade student was tied to a chair for extended periods as part of an instructional technique imposed by school policy, without access to the bathroom. The defendants, a principal and teacher, moved to dismiss the plaintiffs' Section 1983 claim based on qualified immunity. The court examines whether the defendants violated clearly established constitutional rights. The court applies the rule that qualified immunity does not apply if a reasonable official would have known the conduct violated clearly established law, specifically the Fourteenth Amendment right to be free from bodily restraint. The court finds that tying a student to a chair for an entire school day as an educational exercise, without justification such as punishment, violates this right. The court affirms the denial of qualified immunity.
At page 305 Analyzing qualified immunity and bodily integrity rights23 citing casesassessing school officials' defense of qualified immunity without considering severity of plaintiff's injury
- Shields, No. 1:24-cv-00171 (E.D. Tex. Mar. 18, 2026).In Jefferson, a teacher tied “a second-grade student to a 10 chair for an entire school day and for a substantial portion of a second day, as an educational exercise, with no suggested justification, such as punishment or discipline.” Id.…
- O. v. Ft Bend Indep Sch Dist, 2 F.4th 407 (5th Cir. 2021).published We have rejected Fourth Amendment claims brought by a student who was choked by a teacher on the basis that allowing such claims to proceed would “eviscerate this circuit’s rule against prohibiting substantive due process claims” stemming…
- Abron v. Barrilleaux, 519 F. Supp. 3d 328 (E.D. La. 2021).published To resolve a government official’s qualified immunity defense, courts apply the two-prong test required by the Supreme Court in Saucier v. Katz.61 Under the first prong, “[t]he Court must determine whether the plaintiffs have shown a viola…
- Mendoza v. Round Rock Indep. Sch. Dist., No. 1:19-cv-00860 (W.D. Tex. Aug. 26, 2020).As noted above, scenarios where the Fifth Circuit has found a violation of bodily integrity by school officials have involved particularly egregious behavior, including a teacher sexually assaulting a student, Taylor, 15 F.3d at 451-52 , a…
- Thomas ex rel. D.T. v. City of New Orleans, 883 F. Supp. 2d 669 (E.D. La. 2012).published In Jefferson, the Fifth Circuit held that the restraint of a second-grade student to a chair for a whole school day and a “substantial portion” of a second day violated that student’s right to bodily integrity. 817 F.2d at 305.
- Ponce v. Socorro Indep. Sch. Dist., 432 F. Supp. 2d 682 (W.D. Tex. 2006).published(discussing teacher’s action of tying student to a chair)
- Meeker v. Edmundson, 415 F.3d 317 (4th Cir. 2005).publishedDist., 817 F.2d 303, 305 (5th Cir.1987). 6 Meeker also alleges that Edmundson's conduct violated Meeker's Fourth Amendment "right to be free from unreasonable seizures and excessive force." He summarily repeats that contention twice in his…
- Doe v. S & S Consol. I.S.D., 149 F. Supp. 2d 274 (E.D. Tex. 2001).published Another case which the Taylor court relies upon, as does Mrs. Doe, argues against and not for Mrs. Doe. 23 In Jefferson v. Ysleta Independent School District, 817 F.2d 303, 304 (5th Cir.1987), the Fifth Circuit took up a case where a teach…
- Petta v. Rivera, 143 F.3d 895 (5th Cir. 1998).published (assessing school officials’ defense of qualified immunity without considering severity of plaintiff’s injury)
- Petta ex rel. Petta v. Rivera, 133 F.3d 330 (5th Cir. 1998).published (assessing school officials' defense of qualified immunity without considering severity of plaintiff’s injury)
Show 12 more citing cases
- Roventini v. Pasadena Indep. Sch. Dist., 981 F. Supp. 1013 (S.D. Tex. 1997).published Finally, Defendants attempt to distinguish Jefferson on the ground that, in that case, the schoolteacher had “no suggested justification” in tying a student to a chair for two days. 817 F.2d at 305.
- Dugas v. Jefferson Cnty., 931 F. Supp. 1315 (E.D. Tex. 1996).publishedDoe, 15 F.3d at 455 ; Jefferson, 817 F.2d at 305.
- John Doe v. Hillsboro Indep. Sch. Dist., 81 F.3d 1395 (5th Cir. 1996).publishedDist., 817 F.2d 303, 305 (5th Cir.1987).
- Myers v. Troup Indep. Sch. Dist., 895 F. Supp. 127 (E.D. Tex. 1995).publishedIn Jefferson the Fifth Circuit held that a teacher who lashes a second grade student to a chair for the better part of two school days violates the student’s substantive due process right to be free from state-occasioned damage to her bodi…
- Doe v. Taylor Indep. Sch. Dist., No. 90-08431 (5th Cir. Mar. 3, 1994).published We cited Shillingford for this principle of law in Jefferson v. Ysleta Independent School District, 817 F.2d 303, 305 (5th Cir.1987), a case involving a violation of a schoolchild's substantive due process rights by a teacher.
- Jane Doe v. Taylor Indep. Sch. Dist., 15 F.3d 443 (5th Cir. 1994).published We cited Shillingford for this principle of law in Jefferson v. Ysleta Independent School District, 817 F.2d 303, 305 (5th Cir.1987), a case involving a violation of a schoolchild’s substantive due process rights by a teacher.
- John Doe v. State of Louisiana, 2 F.3d 1412 (5th Cir. 1993).published It suffices that the [defendant] be aware of general, well-developed legal principles." Jefferson, 817 F.2d at 305 (footnote omitted).
- William J. Elliott v. William Thomas, Barbara Propst v. Morton W. Weir, 937 F.2d 338 (7th Cir. 1991).publishedThe fifth circuit flirted with Bonitz in Jefferson v. Ysleta Independent School District, 817 F.2d 303, 305 (5th Cir.1987), but retreated in Geter v. Fortenberry, 849 F.2d 1550, 1559-60 (5th Cir.1988).
- Jonathan Savidge v. Jaylon Fincannon, 836 F.2d 898 (5th Cir. 1988).published Despite the difficult issues left unresolved by Ingraham v. Wright, 430 U.S. 651 , 97 S.Ct. 1401 , 51 L.Ed.2d 711 (1977), and the acknowledged absence of "a precedent which is factually on all fours with the case at bar", Judge Politz quit…
- Morris v. Dearborne, 181 F.3d 657 (5th Cir. 1999).published (In determining what a reasonable teacher should know in this instance, it is not necessary to point to a precedent which is factually on all-fours with the case at bar. It suffices that the teacher be aware of general,…)
- Jane Doe v. Taylor Indep. Sch. Dist., 975 F.2d 137 (5th Cir. 1992).published See Jefferson, 817 F.2d at 305.
- C-1 v. City of Horn Lake, 775 F. Supp. 940 (N.D. Miss. 1990).published
At page 304 Liability for excessive force by school officials7 citing casesteacher tied a second-grade student to a chair using a jump rope over the course of two school days without any punishment or disciplinary justification.
- G.B. v. Wood Cnty. Bd. of Educ., No. 2:24-cv-00220 (S.D. W. Va. Sept. 16, 2026).The use of the jump rope restraint was found to violate the child’s right to freedom from undue bodily restraint even though it was supposedly being employed “as part of an instructional technique imposed by school policy.” Id. at 304.
- Hikmat, No. 4:25-cv-00466 (E.D. Tex. July 15, 2026). In Jefferson, a teacher tied a second-grade student to a chair for two school days as an “instructional technique imposed by school policy.” Id. at 304.
- H.H. ex rel. H.F. v. Moffett, 335 F. App'x 306 (4th Cir. 2009).unpublished The use of the jump rope restraint was found to violate the child’s right to freedom from undue bodily restraint even though it was supposedly being employed “as part of an instructional technique imposed by school policy.” Id. at 304.
- Doe v. S & S Consol. I.S.D., 149 F. Supp. 2d 274 (E.D. Tex. 2001).published Another case which the Taylor court relies upon, as does Mrs. Doe, argues against and not for Mrs. Doe. 23 In Jefferson v. Ysleta Independent School District, 817 F.2d 303, 304 (5th Cir.1987), the Fifth Circuit took up a case where a teach…
- Paulina Marquez v. Barbara Garnett, 567 F. App'x 214 (5th Cir. 2014).unpublished(teacher tied a second-grade student to a chair using a jump rope over the course of two school days without any punishment or disciplinary justification.)
- Jane Doe v. Taylor Indep. Sch. Dist., 975 F.2d 137 (5th Cir. 1992).published See Jefferson, 817 F.2d at 305.
- Cole ex rel. Cole v. Newton Special Mun. Separate Sch. Dist., 676 F. Supp. 749 (S.D. Miss. 1987).publishedSee Jefferson v. Ysleta Independent School District, 817 F.2d 303, 304-05 (5th Cir.1987); Bonitz v. Fair, 804 F.2d 164, 166 (1st Cir.1986).
At page 306 “arbitrary, capricious, or wholly unrelated to the legitimate state goal of maintaining an atmosphere conducive to learning”1 citing case
- Bundick v. Bay City Indep. Sch. Dist., 140 F. Supp. 2d 735 (S.D. Tex. 2001).published“arbitrary, capricious, or wholly unrelated to the legitimate state goal of maintaining an atmosphere conducive to learning”
At page 303 “as part of an instructional technique imposed by school policy.”0 citing cases
Other citing cases
- Doe ex rel. Doe v. Rains Indep. Sch. Dist., 865 F. Supp. 375 (E.D. Tex. 1994).published
- Orange v. Cnty. of Grundy, 950 F. Supp. 1365 (E.D. Tenn. 1996).published
- Hays v. Louisiana, 936 F. Supp. 360 (W.D. La. 1996).published
- Mennone v. Gordon, 889 F. Supp. 53 (D. Conn. 1995).published
v.
The YSLETA INDEPENDENT SCHOOL DISTRICT, Mr. Dick Gore and Ms. Cynthia Goodman
In this 42 U.S.C. § 1983 case the district court denied defendants’ Fed.R.Civ.P. 12(b)(6) motion to dismiss based on the plaintiffs’ failure to state a claim upon which relief could be granted and the defendants’ plea of qualified immunity. Because it poses solely a question of law, the ruling on qualified immunity is appealable, Mitchell v. Forsyth, 472 U.S. 511, 105 S.Ct. 2806, 86 L.Ed.2d 411 (1986). Finding that the pleadings allege conduct which “violate[s] clearly established statutory or constitutional rights of which a reasonable person would have known,” Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 2738, 73 L.Ed.2d 396 (1982), we affirm.
Contextual Facts
The allegations of the complaint, which for purposes of a Rule 12(b)(6) motion are assumed correct, present the following scenario. Jardine Jefferson, the eight-year-old daughter of complainants Dwight and Karen Jefferson, was a student at Glen Cove Elementary School, part of the Ysleta Independent School District, El Paso, Texas. Dr. Dick Gore was principal of the school and Cynthia Goodman was Jardine’s second-grade teacher.
On January 30 and 31, 1985, Ms. Goodman tied Jardine to a chair, using a jump rope and securing her by the waist and legs. During the first day Jardine was tied to the chair for the entire school day, except for the lunch hour. On the second day Jardine was tied to the chair, for protracted periods. While tied, Jardine was denied access to the bathroom. This treatment, which no, other student received, was not for punishment but was part of an instructional technique imposed by school policy. The pleadings allege that as a consequence of this exercise Jardine suffered humiliation and mental anguish, and was impaired in her ability to study productively.
In addition to several state law causes of action, the complainants invoked 42 U.S.C. § 1983, alleging that Gore, Goodman, and the school district violated the rights secured to Jardine by the fourth, fifth, eighth, and fourteenth amendments.[*305] The defendants moved to dismiss claiming that the allegations did not state a cause upon which relief could be granted. This part of the motion was denied and is not subject to an interlocutory appeal. In addition, defendants claimed qualified immunity. This denial, based exclusively on an issue of law, is immediately appealable under the special exception enunciated in Mitchell v. Forsyth, applying the rule of Cohen v. Beneficial Industrial Loan Cory., 337 U.S. 541, 69 S.Ct. 1221, 93 L.Ed.2d 1528 (1949), to denial of a claim of qualified immunity. See Jacquez v. Procurer, 801 F.2d 789 (5th Cir.1986).
Analysis
The defense of qualified immunity protects a public official from liability in the performance of his duties unless he violates a clearly established statutory or constitutional right of another known to or knowable by a reasonable person. Harlow v. Fitzgerald. The principal and teacher defendants are thus immune from civil liability to Jardine unless their alleged conduct, lying Jardine to her chair in the classroom for nearly two days, violated one or more of Jardine’s constitutional or statutory rights of which they reasonably should have been aware. In making this inquiry at this early stage of the proceeding, we focus “not on the defendant’s actions but on the right allegedly violated.” Bonitz v. Fair, 804 F.2d 164, 167 (1st Cir.1986).
The facts alleged, if proven, would implicate, inter alia, Jardine’s fifth and fourteenth amendment rights to substantive due process, specifically her right to be free from bodily restraint. We have stated that “[t]he right to be free of state-occasioned damage to a person’s bodily integrity is protected by the fourteenth amendment guarantee of due process.” Schillingford v. Holmes, 634 F.2d 263, 265 (5th Cir.1981) (citing Hall v. Tawney, 621 F.2d 607, 613 (4th Cir.1980)). The same applies to state-occasioned restraints which are not justified by the victim’s conduct or other extenuating circumstances.
In determining what a reasonable teacher should know in this instance, it is not necessary to point to a precedent which is factually on all-fours[1] with the case at bar. It suffices that the teacher be aware of general, well-developed legal principles. Cf. Sourbeer v. Robinson, 791 F.2d 1094 (3d Cir.1986), cert. denied, _ U.S. _, 107 S.Ct. 3276, 96 L.Ed.2d _ (1987).
We are persuaded that in January 1985, a competent teacher knew or should have known that to tie a second-grade student to a chair for an entire school day and for a substantial portion of a second day, as an educational exercise, with no suggested justification, such as punishment or discipline, was constitutionally impermissible. A young student who is not being properly punished or disciplined has a constitutional right not to be lashed to a chair through the school day and denied, among other things, the basic liberty of access to the bathroom when needed.
Defendants seek the protection of the ruling in Ingraham v. Wright, 430 U.S. 651, 97 S.Ct. 1401, 51 L.Ed.2d 711 (1977), which held that students do not have an eighth amendment right to be free from corporal punishment. Defendants misperceive both the pleadings and the law. The petition asserts that Jardine was not being punished, but was the subject of an instructional technique. As such, the holding of Ingraham v. Wright and its progeny are inapposite. Further, even if this were punishment, it would not necessarily be protected conduct, for as we noted in Woodard v. Los Fresnos Indeyendent School District, 732 F.2d 1243, 1246 (5th Cir.1984), “[cjorporal punishment is a deprivation of substantive due process when it is arbitrary, capricious, or wholly unrelated to the[*306] legitímate state goal of maintaining an atmosphere conducive to learning.”
At this stage of the proceedings defendants are not entitled to a dismissal as a matter of law based on their claim of qualified immunity. In so holding, we express no opinion on the ultimate resolution of this matter after the facts are fully developed. That decision will first lie with the district court to whom it is entrusted.
The judgment of the district court rejecting the claim of qualified immunity is AFFIRMED.
A commanding precedent is also referred to as a “Goose” case in Louisiana, United States v. Gaber, 745 F.2d 952 (5th Cir.1984); "Spotted Horse” or “Spotted Dog” cases in Alabama, Hand v. International Chemical Workers Union, 681 F.2d 1308 (11th Cir.1982); "Cow” case in Kansas, Somers v. Harris Trust & Savings Bank, 1 Kan.App.2d 397, 566 P.2d 775 (Kan.Ct.App.1977); and "White Horse” or “White Pony” cases in Texas, Wood v. Texas, 632 S.W.2d 734 (Tex.Crim.App.1982).