Third Circuit Affirms Summary Judgment In Constitutional Rights Case On Behalf Of SLG Client

Shrewsbury, NJ — The United States Court of Appeals for the Third Circuit has unanimously affirmed a District Court ruling in favor of the Elizabeth Board of Education, dismissing all claims brought by a student and his family against the Board and its employees.

The lawsuit alleged constitutional and state law violations arising from an incident involving a fifth-grade student and a music teacher during school hours. The plaintiffs claimed the music teacher grabbed the student by the arm and punched him in the chest. The plaintiffs further alleged that Board employees tried to intimidate the student by following him around school after his parents complained. They asserted violation of their rights under the First Amendment and substantive due process clause, as well as claims for assault and battery.

In its opinion, the Third Circuit concluded that the teacher’s actions were reasonable efforts to maintain order and discipline in the classroom setting. The court noted that the plaintiffs’ version of events was “contradicted by an accurate video” of the incident and emphasized that the force used was not excessive and did not “shock the conscience”—a required threshold for a substantive due process claim.

The court also affirmed the dismissal of assault and battery claims, citing established legal protections for reasonable disciplinary action by educators. Additionally, the court rejected the plaintiffs’ retaliation claims, calling the alleged conduct minimal and justified given the student’s prior behavioral history.

The matter is captioned E.S. v. Elizabeth Bd. of Ed., Case No. 24-1715 (3d Cir. April 16, 2025). Roshan D. Shah represented the Board and its employees in the District Court and on appeal.