- Associated Press - Saturday, June 21, 2014

LAWTON, Mich. (AP) - The Michigan appeals court has revived a lawsuit that accuses a teacher in southwestern Michigan of humiliating a student who stopped working on an art project.

The student, who has a learning disability, says he stopped because his fingers hurt. The lawsuit in Van Buren County claims Mary Botas ripped the art from the boy’s hands and said, “Why don’t you just go kill yourself.”

The student was in school in Lawton, 25 miles southwest of Kalamazoo. A judge dismissed the lawsuit, which claimed intentional infliction of emotional distress. But the appeals court says it should be a matter for a jury.

The court says the teacher’s reaction could be trivial. But the court also says average members of the community might find her behavior outrageous.

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