After she was injured while trying to restrain a disruptive student, Isabel Rivera filed a personal-injury lawsuit claiming the N.Y.C. Department of Education failed to remove the student from her class and didn't provide her with proper protection.
When the Bronx County Supreme Court denied DOE's motion to dismiss the case, the agency appealed to the Appellate Division, First Department.
Absent a "special duty," the AD1 thought there could be no liability for DOE's discretionary actions and decisions, particularly since Rivera was never told the student would be removed or that she would be given security.
Cry me a Rivera.
To view a copy of the Appellate Division's decision, please use this link: Rivera v. Board of Educ. of the City of New York