In Lambert v. Com., the Virginia Court of Appeals in an opinion by Chief Judge Huff joined by Judge Humphreys and Senior Judge Bumgardner held that the Scott County Circuit Court erred in its holding that the statutory exception for physical contact incidental to the work of teachers in Va. Code 18.2-57(G) did not apply where School Board policy prohibited physical contact.
The Code section provides:
G. "Simple assault" or "assault and battery" shall
not be construed to include the use of, by any school security officer
or full-time or part-time employee of any public or private elementary
or secondary school while acting in the course and scope of his official
capacity, any of the following: (i) incidental, minor or reasonable
physical contact or other actions designed to maintain order and
control; (ii) reasonable and necessary force to quell a disturbance or
remove a student from the scene of a disturbance that threatens physical
injury to persons or damage to property; (iii) reasonable and necessary
force to prevent a student from inflicting physical harm on himself;
(iv) reasonable and necessary force for self-defense or the defense of
others; or (v) reasonable and necessary force to obtain possession of
weapons or other dangerous objects or controlled substances or
associated paraphernalia that are upon the person of the student or
within his control.
Wednesday, December 23, 2015
In Jennings v. Com., the Virginia Court of Appeals in a written opinion by Judge AtLee, joined by Chief Judge Huff and Judge Decker, reversed the convictions of a man accused of shoplifting, where the only testimony regarding the value of the property was a witness who testified about what she remembered seeing on the price tags of the property, and not the tags themselves.