Court Reverses Judgment in Favor of Teacher's Invasion of Privacy
by
Joseph C. Maya on Apr. 26, 2017
Other Education Civil & Human Rights Constitutional Law Accident & Injury Personal Injury
Summary: Blog post about a teacher's right to privacy in Connecticut.
If you have a question or concern about special education law, school administration, federal standards, or the overall rights of a student, please feel free to call the expert education law attorneys at Maya Murphy, P.C. in Westport today at (203) 221-3100 .
In the case of O’Connor v. Board of Education, the Hartford board of education appealed a superior court judgment in favor of a teacher’s claim of invasion of privacy. The teacher cross-appealed the board’s motion for summary judgment by claiming the board breached its contract with the teacher and negligently inflicted emotional distress. A motion for summary judgment is a request for the court to decide a case in favor of one party over the other. A breach of contract is a legal cause of action in which an agreement or bargained-for exchange is not honored by one or more of the parties by their non-performance or interference with the other party’s performance. For the teacher to succeed on a claim for Negligent Infliction of Emotional Distress (NIED), he must prove that the Board of Education acted so carelessly that he or she must compensate the teacher for his mental or emotional injury that was sustained as a result of the board’s negligence.
The teacher was placed on administrative leave due to complaints about his classroom behavior. He remained on leave for an extended period of time due to severe anxiety problems. During that time, the teacher refused an independent psychiatric examination due to privacy concerns. After being cleared to return to the classroom, the teacher filed suit. The jury found in his favor on his invasion of privacy claim. The court granted the board of education’s appeal. The court found that a claim for invasion of privacy in relation to the teacher's employment was improperly applied to the case at hand. The claim for NIED was improper as well. An individual municipal employee may not be found liable for negligent infliction of emotional distress arising out of conduct occurring within a continuing employment context, as distinguished from conduct occurring in the termination of employment. The court affirmed the grant of summary judgment in favor of the board on the breach of contract and NIED claims.
If you have a child with a disability and have questions about special education law, please contact Joseph C. Maya, Esq., at 203-221-3100, or at JMaya@mayalaw.com, to schedule a free consultation.
Source: O'Connor v. Bd. of Educ. , 90 Conn. App. 59, 877 A.2d 860, 2005 Conn. App. LEXIS 276, 23 I.E.R. Cas. (BNA) 136 (Conn. App. Ct. 2005)
