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Costello v. Mitchell Public School District 79

United States Court of Appeals for the Eighth Circuit

266 F.3d 916 (2001)

Facts

Sadonya Costello (plaintiff) was a seventh-grade student at Mitchell High School. Sadonya was a new student to the school and was struggling academically. Sadonya’s band teacher, Roger Kercher (defendant) called Sadonya “stupid,” “retarded,” and “dumb” in front of her classmates; once threw a notebook at Sadonya; and told Sadonya she could not play in the band because she was too stupid. Sadonya’s mother arranged a meeting attended by Sadonya’s therapist. Kercher angrily walked out of the meeting. Sadonya was taken out of band class and placed in a music appreciation class also taught by Kercher. Sadonya eventually left Mitchell High School and was homeschooled. Sadonya suffered from depression and received psychological treatment. Sadonya and her parents (the Costellos) (plaintiffs) brought, among other causes of action, a claim for intentional infliction of emotional distress against Mitchell Public School District 79, the school board and superintendent of Mitchell Public School, the Mitchell High School principal, and Kercher (collectively, the school) (defendants). The district court granted summary judgment in favor of the school.

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Concurrence/Dissent (Hamilton, J.)

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