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Battery charges dismissed against Gainesville substitute teacher
Clindon Middleton 2017.jpg
Clindon Middleton

The simple battery charges against a substitute teacher at Gainesville Middle School were dismissed more than three years after the initial allegations, according to court documents.

Clindon Middleton was accused in a July 2018 court document of two counts of simple battery for allegedly grabbing or twisting the arms of two students in November 2017.

Defense attorney Andy Hothem filed a motion for immunity in May 2019, stating he felt his client was immune from criminal liability under Georgia law.

The code section cited by Hothem states “an educator shall be immune from criminal liability for any act or omission concerning, relating to, or resulting from the discipline of any student or the reporting of any student for misconduct, provided that the educator acted in good faith.”

The term educator is defined in the code as “any principal, school administrator, teacher, guidance counselor, paraprofessional, school bus driver, volunteer assisting teachers in the classroom, tribunal members, or certificated professional personnel.”

In the Feb. 26 order dismissing the charges, the prosecution said “upon further research (the) state would be unsuccessful against an immunity motion.” 

Solicitor General Stephanie Woodard was unavailable for further comment when contacted by The Times this week.

“I’m happy for the result for my client,” Hothem said. “I think it was a fair resolution to the matter.”

The Times reached out to Middleton through Hothem for comment, but no comment was provided.

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