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BURNS-FISHER v. ROMERO-LEHRER

No. 22-1020.

57 F.4th 421 (2023)

Kimberly BURNS-FISHER, Plaintiff-Appellee, v. Anna Maria ROMERO-LEHRER, in her individual and official capacity, Defendant-Appellant, and Pender County Board of Education; Steve Hill, Superintendent, in his individual and official capacity, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: January 13, 2023.

Attorney(s) appearing for the Case

ARGUED: Norwood Pitt Blanchard, III , CROSSLEY MCINTOSH COLLIER HANLEY & EDES PLLC, Wilmington, North Carolina, for Appellant. Bruce W. Berger , KNOTT & BOYLE, PLLC, Raleigh, North Carolina, for Appellee. ON BRIEF: W. Ellis Boyle , KNOTT & BOYLE, PLLC, Raleigh, North Carolina, for Appellee.

Reversed and remanded by published opinion. Judge Thacker wrote the opinion, in which Judge Niemeyer and Judge Richardson joined.

Kimberly Burns-Fisher ("Appellee") was a middle school teacher in Pender County, North Carolina when she was physically attacked by a special education student in her language arts class. There is no dispute that the student was known to have been violent on prior occasions. At the time of the incident involving Appellee...

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