Wallace. V. Rosen case brief
F: The high school had a fire drill while classes were in session. Wallace was
at the high school at that time. When the fire alarm sounded, Rosen escorted her class to the stairway, and noticed some people are blocking the student’s exit including Wallace, and Rosen told everybody to move. Wallace wasn’t able to hear Rosen over the noise of the alarm and Rosen had to touch her on the back to get her attention.
Mental state = intent à not always. (to find the nature of the contact)
If misstates the , if insubstantial fact
Rosen placed her fingertips on Wallace’s shoulder and turned her 90 degrees toward the exit in the midst of a fire drill. (rude, insolent manner)
I: Person’s contact, which is touching someone’s back among the crowds during the fire drill (in a unusual circumstances of emergency situation) when escorting the class as a teacher, is considered to be done in a rude, insolent, or angry manner under the battery?
R: Person’s personal contact, which is touching someone’s back among the crowds during the fire drill when escorting the class as a teacher, is not considered to be done in a rude, insolent, or angry manner under the battery. (or knowing or intentional touching of one person by another in a rude, insolent, or angry manner constitutes a battery)
A: Individuals standing in the middle of a stairway during the fire drill could expect that a certain amount of personal contact would be inevitable. Rosen had a responsibility to her students to keep them moving in an orderly fashion down the stairs and out the door. Under these circumstances, Rosen’s touching of Wallace’s shoulder or back with her fingertips to get her attention over the noise of the alarm cannot be said to be a rude, insolent, or angry touching.
C: Affirmed
at the high school at that time. When the fire alarm sounded, Rosen escorted her class to the stairway, and noticed some people are blocking the student’s exit including Wallace, and Rosen told everybody to move. Wallace wasn’t able to hear Rosen over the noise of the alarm and Rosen had to touch her on the back to get her attention.
Mental state = intent à not always. (to find the nature of the contact)
If misstates the , if insubstantial fact
Rosen placed her fingertips on Wallace’s shoulder and turned her 90 degrees toward the exit in the midst of a fire drill. (rude, insolent manner)
I: Person’s contact, which is touching someone’s back among the crowds during the fire drill (in a unusual circumstances of emergency situation) when escorting the class as a teacher, is considered to be done in a rude, insolent, or angry manner under the battery?
R: Person’s personal contact, which is touching someone’s back among the crowds during the fire drill when escorting the class as a teacher, is not considered to be done in a rude, insolent, or angry manner under the battery. (or knowing or intentional touching of one person by another in a rude, insolent, or angry manner constitutes a battery)
A: Individuals standing in the middle of a stairway during the fire drill could expect that a certain amount of personal contact would be inevitable. Rosen had a responsibility to her students to keep them moving in an orderly fashion down the stairs and out the door. Under these circumstances, Rosen’s touching of Wallace’s shoulder or back with her fingertips to get her attention over the noise of the alarm cannot be said to be a rude, insolent, or angry touching.
C: Affirmed
No comments:
Post a Comment