April 03, 2016
A physical education teacher at an Atlantic City elementary school has lost his job after school officials determined he used "excessive force" to break up an October fight between two sixth graders at the New York Avenue School.
Phillip Eisenstein, 28, had previously been cleared of any criminal wrongdoing after the New Jersey Department of Children and Families reviewed video of the incident, interviewed staff and determined that no excessive force or abuse occurred.
According to The Press of Atlantic City, Eisenstein said he attempted to break up the fight multiple times before eventually grabbing one of the students from behind and pulling him into a school office.
“I’d already broken them up two or three times and had them sitting on the bleachers,” Eisenstein said. “But when they were lining up to leave, the bigger student went after the other one again and had him cornered. I did what I had to do to protect the other student.”
Though the student was examined at the nurse's office and later returned to class, school officials suspended Eisenstein with pay before ultimately firing him. Eisenstein appealed the decision last week, but the school board provided no indication on the status of their review or whether he would be reinstated. The Atlantic City native had been asked to resign but refused to do so.
The appeal will likely come down to a distinction between "reasonable" and "excessive" force. Though New Jersey law prohibits corporal punishment, "reasonable" force is permitted when the disturbance threatens physical injury to others.
Ned Rogovoy, Eisenstein's attorney, says his client tried to mediate the situation several times, called for help and then acted to protect a student once it became clear that school security officers were not immediately available to back him up.
Marcia Genova, President of the Atlantic City Education Association, said that if Eisenstein's appeal is rejected, the teacher's union will take the case to arbitration.
