Legal Question in Civil Litigation in New York
"Assault vs Self-Defense"
When a teacher is physically accosted by a student, what criteria are used to determine whether or not the teacher has a legal right to respond with physical force?
To be more specific: a female teacher after being shoved and grabbed by a male high school student responded by kicking him in the leg. There were many witnesses and the boy was not seriously injured, but his parents have subsequently sued claiming that the teacher assaulted their son.
Please tell me what you think.
1 Answer from Attorneys
Assault
The amount of force to be used is reasonable force, ie that which a reasonable person would use
in that same situation, it should not be excessive or deadly force but reasonable inorder to prevent yourself from being harmed by immediate physical violence
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