Austin B. v. Escondido Union School District

In this action plaintiffs Austin B. and Jessica B. (together, plaintiffs), both of whom are minors who have a severe form of autism, allege that Shawn Tyler Priest, their preschool instructor in the Escondido Union School District (the District), engaged in abusive conduct against them while they were attending school.

We conclude on plaintiffs’ battery claim that the court did not err by including in its jury instructions and special verdict form the requirements for a finding of liability that (a) Priest intended to harm plaintiffs, and (b) his touching of them was unreasonable, within the context of a teacher’s role in controlling the conduct of students, particularly autistic or other special needs children.

We also conclude that the court did not err by (1) giving the jury a special verdict form on the negligence claim that did not ask if nondefendant employees of the District were negligent; (2) granting nonsuit on the battery claim as to the individual District employee defendants (other than Priest); (3) granting nonsuit on the Ralph Civil Rights Act of 1976 (Ralph Act) claim (Civ. Code, § 51.7); (4) granting nonsuit on the Tom Bane Civil Rights Act (Bane Act)…