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WALLACE BY WALLACE v. BATAVIA SCHOOL DIST. 101

No. 94-3943.

68 F.3d 1010 (1995)

Heather WALLACE, a minor, by her mother and next friend, Phyllis WALLACE, Plaintiff-Appellant, v. The BATAVIA SCHOOL DISTRICT 101, a municipal corporation, and James Cliffe, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided October 19, 1995.

Attorney(s) appearing for the Case

Leonard J. Wojtecki (argued) and Scott Courtin, Truemper, Hollingsworth, Wojecki, Courtin & Ruddy, Aurora, IL, for Plaintiff-Appellant.

Peter K. Wilson, Jr., Bernard K. Weiler, Gary K. Mickey (argued), and Steven A. Andersson, Mickey, Wilson, Weiler & Renzi, Aurora, IL, for Defendants-Appellees.

Before KANNE and ROVNER, Circuit Judges, and SHABAZ, District Judge.

KANNE, Circuit Judge.

This case affords a view of an unfortunately common situation faced by teachers in many public schools today. The incident occurred in a suburban community west of Chicago in Kane County, Illinois. The undisputed facts are as follows.

When business teacher James Cliffe returned to his Batavia High School classroom after a few minutes' absence, two sixteen-year-old female students, Heather Wallace and Kim Fairbanks, were facing each other...

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