Rivera v. City of Camden Board of Education, No. 08-4306; U.S. District Court (DNJ); opinion by Irenas, U.S.D.J.; filed July 10, 2009. DDS No. 33-7-4538 [9 pp.]
Plaintiff Jose Rivera was employed by defendant as a teacher from the fall of 2004 until March 2008. During the 2007-08 academic year, plaintiff was assigned to teach a fifth-grade class at the Sumner Elementary School. One day in February 2008, plaintiff was absent from school and his class was under the supervision of a substitute teacher. That day, one of his students attempted to replace a water cooler jug, but accidentally spilled some water. As punishment, Vice Principal Theresa Brown required plaintiff’s entire class to eat lunch on the cafeteria floor, without lunch trays. Brown threatened plaintiff’s students with further disciplinary action if they discussed their punishment with anyone. The lunchtime punishment was repeated daily for more than a week. Plaintiff was unaware of the punishment because the common practice among teachers at the school was to escort their students to the cafeteria for lunch, but not remain with the students while they ate.
