I was under the impression that justice had been done Feb. 17 when a Circuit Court judge in Botetourt County dismissed assault and battery charges against a teacher who had somehow touched an unruly student when the kid was trying to enter his classroom.
The incident occurred in November and ord Botetourt High teacher Victor Terry was found guilty Feb. 7 in General District Court. Until the Circuit Court judge dismissed the case, Terry faced losing his job.
Special Prosecutor Don Caldwell called the incident “a non-event in its totality.”
Evidently the boy’s mother disagrees. She filed a $110,000 lawsuit against the Botetourt County schools and Terry. The full story by my colleague Duncan Adams is here.
Caldwell wrote that there was agreement that Terry had “physically put his hand on the student’s chest/arm area to stop his entry into the classroom.” He added, “I would note that there is some disagreement between the parties as to the exact manner of the touching, but there is no allegation that this was in the nature of a strike or a blow nor is there any representation of an attempt to injure or actual injury.”
He reported that the student “later acknowledged he had been making a noise, complied [when stopped by Terry] and was allowed to enter” the classroom.
The lawsuit seeks $10,000 in compensatory damages and $100,000 in punitive damages.
The mother, Elizabeth M. Daniel, alleges no physical injury to her son. But the lawsuit claims Terry:
“Did . . . unnecessarily place his hands upon the clothes and body of the minor plaintiff thereupon frightening and instilling fear in the mind of said plaintiff . . . Terry then forcefully guided the minor plaintiff upon a certain path on in the confines of the the school, all being done in a manner and nature to injure plaintiff.”
Who was not injured, mind you. Nonetheless:
“The plaintiff has suffered and will continue to suffer indignity, ridicule, physical and emotional stress, all being caused by the unnecessary conduct of . . . Terry.”
Good grief. I’d say it’s a good thing that kid doesn’t get on this blog.