Heather Hogston Lambert v. Commonwealth of Virginia
65 Va. App. 682
| Va. Ct. App. | 2015Background
- Lambert was convicted of assault and battery under Code § 18.2-57 after a bench trial in Scott County Circuit Court, receiving 30 days in jail and 12 months of supervised probation.
- The January 10, 2013 incident involved K.M., a special needs student, whose coat fell as she exited a bus; Lambert, a preschool special education teacher on bus duty, observed the item fall and pursued K.M.
- Lambert confronted and pulled K.M. by the wrists outside the school, calling for Williams to assist; Williams eventually helped secure K.M.'s coat and backpack.
- Expert evidence showed Lambert’s handling of K.M. did not align with the district’s approved “handle with care” technique for special needs students.
- A May 17, 2012 School Board letter advised using teaching assistants and not placing hands on a student unless for instruction or safety, and the trial court admitted this letter as relevant.
- The trial court concluded Lambert’s actions were outside her official capacity and did not qualify for the statutory exception in Code § 18.2-57(G), and thus convicted Lambert; on appeal, Lambert argues the statutory exception applies and the School Board’s guidance cannot redefine the statute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court properly applied the Code § 18.2-57(G)(i) exception. | Lambert contends the exception covers incidental, minor, or reasonable contact to maintain order, and school-board guidance cannot alter the statutory standard. | Commonwealth argues the trial court correctly limited Lambert by considering actions within official capacity per school guidance. | Conviction reversed; statute interpreted independently of school-board guidance; remanded for new trial. |
Key Cases Cited
- Williams v. Commonwealth, 49 Va. App. 439 (2007) (standard for reviewing evidence on appeal (en banc) as to sufficiency)
- Jackson v. Commonwealth, 267 Va. 666 (2004) (analyzes deference to judgments in contextual facts)
- Kozmina v. Commonwealth, 281 Va. 347 (2011) (plain meaning governs when language unambiguous)
- Cummings v. Fulghum, 261 Va. 73 (2001) (plain language interpretation; legislative intent)
- Evans v. Evans, 280 Va. 76 (2010) (statutory interpretation and deference principles)
- Brown v. Ramsey, 121 F. Supp. 2d 911 (E.D. Va. 2000) (federal court on deference to teacher judgments)
- Commonwealth v. Doe, 278 Va. 223 (2009) (distinguishes supervisory school authority from criminal statutes)