JONATHAN TURLEY

In what is likely to become a torts case, a nursery has been closed for taping a pacifier to the mouth of a child — an abuse allegedly committed on other children. The Tenn. nursery called Noah’s Ark Nursery and Preschool in Jefferson City, was suspended after investigators followed the muffled cries of a child and discovered a 4-month-old boy in a darkened room with a pacifier taped into his mouth. The actions are clearly abusive and threatened the life of the baby. In addition to possible criminal and administrative actions, this would squarely fall into torts claims of battery, negligence, and negligent infliction of emotional distress. Even false imprisonment may be raised in such circumstances. Since this violates state rules, it could also result in a finding of negligence per se in a future action.
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