COLUMBUS, Ga. (WTVM) – A judge has granted immunity to a Muscogee County school teacher who was accused of choking a student with special needs.
Jody Russell was charged with simple battery following the incident. Court documents say for Russell to be immune, she would have to demonstrate she was an educator, her actions were to discipline a student, and she acted in good faith.
On Nov. 5, 2025, Russell took her class outside for a daily walk. During a hearing Friday, she said a student was having behavioral episodes throughout the day and he was being extremely loud outside.
In video of the incident, Russell places her hands on the child’s shoulders. She said she did that to get him to settle down after being disruptive.
“I wanted him to quiet down before we walked back into the building, so I turned around I placed my hands on his shoulders, I crouched down a little bit to get on his level so we could make eye contact and he would know he needed to settle down,” said Russell, a former teacher at Fort Middle School.
The child’s mother viewed the situation differently.
“Teachers should know how to handle their actions and their temper. It shouldn’t be rough handling kids with down syndrome or any kid with special needs,” said Katrina Robinson, the student’s mother.
Borquaye Thomas, with The Teachers Lawyer LLC, said teachers in difficult situations deserve consideration.
“We have teachers who have been teaching for five or ten years who have been in difficult situations. Sometimes we have to give the teacher the benefit of the doubt and understand unless we know all of the details we can’t jump to conclusions,” Thomas said.
During closing arguments at the immunity hearing, Russell’s attorney said she did not commit a crime and did not harm the student in the video.
“She put her hands on his shoulder for three seconds that is not a crime,” said Ann Brumbaugh, defense attorney.
Brumbaugh said she and her client will not be making a statement about the incident.
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