COLUMBUS, Ga. (WRBL) — A Muscogee County School District Special Education teacher appeared in State Court Friday afternoon seeking immunity from criminal prosecution.
Jody Russell is facing misdemeanor simple battery charges for a November incident involving a student at Fort Middle School.
“I didn’t harm him. I didn’t mean any harm by it. I just wanted him to focus and look at me. And right now are just walking back into the building and that was the end of it, so. But I do regret my actions. So, I apologize.”
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Russell received a three-day suspension from the school district for the Nov. 5, 2025, incident. She was reassigned to another school and is still employed.
Here’s what Russell says happened. The student was autistic, non-verbal, with Down syndrome. The child had been loud, and Russell admitted she became frustrated as they were going back into the school.
“So I turned around. I placed my hands on his shoulders,” she told the court as a video of the incident was introduced into evidence. “I crouched down a little bit to get on his level so we could make eye contact, and I was just trying to get him to focus on me, and so I could get his attention, and he would know that he needed to settle down.”
The incident was reported by two people not connected with the class. Russell was investigated by the School District police.
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Russell’s attorney, Ann Brumbaugh, was asking the court to dismiss the case based on state-granted immunity. She had to prove that Russell was disciplining the student, and it was in good faith.
“The Georgia and the Georgia legislature understands that sometimes teachers get frustrated, make snap bad judgment decisions, and that we do not want to criminalize teachers for every single poor judgment mistake they make,” Brumbaugh told the court.
Prosecutor Nick Hud countered the defense’s argument.
“The state’s position is that the defendant would be found to be an educator,” Hud said. “The state is not disputing that. The state is arguing both the discipline from and the good faith prong.”
State County Judge Pete Temesgen did not issue an immediate ruling. He said he will decide on immunity next week.