Two eighth graders were suspended after they got into an altercation. And even though the assistant principal staggered the suspensions in order to avoid another incident, the kids went at it again, this time blocks away from the school.
When a lawsuit was later filed, the City of New York asked for the case's dismissal claiming it didn't breach any duty owed to the youngsters. While the Bronx County Supreme Court didn't agree, both the Appellate Division, First Department, and our state's highest court---the New York State Court of Appeals--were of the view that there could be no legal liability for what occurred off-property, before school hours, and in the absence of any teacher supervision.
Live to fight another day?
To view a copy of the Court of Appeals's decision, please use this link: Stephenson v. The City of New York