North Dakota Law 25-01.2-09 Persons with Developmental Disabilities receiving services at any institution, facility, or individualized setting from a public or private agency or organization.
North Dakota Law 25-01.2-09: Punishment–Isolation–Physical restraints–Psychosurgery–Sterilization–Shock treatment. An individual with a developmental disability may not be:
- subjected to corporal punishment.
- isolated or secluded, except in emergency situations when necessary for the control of violent, disturbed, or depressed behavior which may immediately result, or has resulted, in harm to that individual or other individuals.
- Be physically restrained in any manner, except in emergency situations when necessary for the control of violent, disturbed, or depressed behavior which may immediately result, or has resulted, in harm to that individual or to other individuals….
15.1-19-02. Corporal punishment — Prohibition — Consistent policies.A school district employee may not inflict, cause to be inflicted, or threaten to inflict corporal punishment on a student.
- This section does not prohibit a school district employee from using the degree of force necessary:
- To quell a physical disturbance that threatens physical injury to an individual or damage to property;
- To quell a verbal disturbance;
- For self-defense;
- For the preservation of order; or
- To obtain possession of a weapon or other dangerous object within the control of a student
12.1-05-07.2. Immunity from civil liability for justifiable use of force.
- An individual who uses force as permitted under this chapter is immune from civil liability….
- The court shall award reasonable attorney’s fees and court costs and disbursements incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from civil liability as provided in subsection.
Disclaimer. Nothing in this post is intended to create an attorney client relationship. Nothing written or spoken constitutes legal advice and should not be used as a substitute for obtaining legal advice. There may be additional laws, rules, policies applicable to the use of restraint and force in your state. The above is an overview of information compiled from individual sources that are maintained and
updated with varying frequencies. While we attempt to keep the information current, readers should read the source information directly, go to the source to check for updates or conduct further research. For information and/or legal advice, consult with your attorney or States Attorney General.