A Muscogee County teacher has been granted immunity in a case where she was alleged to have choked a special-needs student she taught.
Jody Russell, 52, was charged with simple battery in November for an incident at Fort Middle School in Columbus.
Russell’s attorney, Ann Brumbaugh, filed a motion for immunity on Russell’s behalf in February, saying Georgia law “entitles Ms. Russell, an educator, to immunity from criminal prosecution for discipline of a student, provided she acted in good faith.”
Prosecutors disputed Russell’s actions were related to discipline and were done in good faith, according to the order written by State Court Judge Pythias “Pete” Temsegen.
Temesgen granted Russell’s motion for immunity on the grounds that her actions were related to discipline and were done in good faith in accordance with Georgia law (O.C.G.A. § 20-2-1001(b)), according to the order.
The order says Russell’s conduct was related to and concerning the discipline of the student Nov. 5, 2025.
According to Russell’s motion for immunity, Russell has taught special education in the Muscogee County School District for 12 years and taught students with moderate intellectual disabilities at Fort Middle School at the beginning of the 2025-2026 school year, in which the student was a seventh-grader.
The motion alleges the student, whom she had taught the previous year, had become progressively more disruptive vocally and physically.
The judge’s order says Russell used a behavioral charting system to track the student’s conduct across several categories, in which Russell recorded multiple examples of excessive disruptions and physical aggression Nov. 5, 2025.
“The Court also credits Ms. Russell’s testimony, which is supported by the video evidence, that she placed her hands on (the student’s) shoulders while he was engaging in conduct that appeared to be disruptive,” the document says.
In reference to whether Russell acted in “good faith,” Temesgen wrote, “the Court finds that Ms. Russell’s actions were done in good faith, even if they were ultimately deemed worthy of professional consequences.”
Russell was given a three-day unpaid suspension and transferred to another school in the district, where she remains employed, according to the order.
Temesgen’s reasons for finding good faith include the incident occurred openly in the presence of Russell’s paraprofessional and others, was captured on video, Russell’s paraprofessional never confronted or challenged her after the incident, and Russell’s testimony reflected an “honest and lawful intent.”
“While the Court certainly acknowledges that Ms. Russell ‘acted out of frustration,’ it is constrained by the principle that teacher’s frustration does not defeat a finding of good faith,” Temesgen wrote.
Police report
Through a request under the Georgia Open Records Act, the Ledger-Enquirer obtained a copy of the report about the incident from the Muscogee County School District Police Department.
The report says two Allen Elementary School teachers who were at Fort Middle School for training said they saw a teacher grab a student around his neck area as she yelled at him, “Shut up, shut up right now, stop talking.”
Russell was identified based on the description of the teacher and the student, according to the report.
A paraprofessional told police, according to the report, “They were walking back from the track area and she heard Ms. Russell tell (the student) to ‘stop making all of that noise.’”
The paraprofessional said she was not sure whether Russell grabbed the student on his shoulders or whether her hands were close to his face, according to the report.
“Ms. Russell stated she grabbed (the student’s) neck area and told him to be quiet,” the report says.
In the report, the officer said they located the incident on the school’s surveillance camera system and saw Russell place “both hands around the neck and shoulder area of (the student).”
This story was originally published May 5, 2026 at 5:08 PM.
Columbus Ledger-Enquirer
Kelby Hutchison is the breaking news reporter for the Ledger-Enquirer. Originally from Dothan, Alabama, Kelby grew up frequently visiting Columbus to eat at Country’s BBQ in the old Greyhound bus station and at Clearview BBQ on River Road. He graduated from the University of Alabama with a B.A. in criminal justice and a M.A. in journalism. During his studies, Kelby specialized in community journalism.