One of my sons HS teacher throws my son out of class minimally once a week, claims that my son talk in the class. The issue with his teacher has been going on since October, 2015. I had a meeting with the teacher, guidance counselor, assistant principal, principal and a assistant superintendent. I discussed my concern that doing this would deprive him of an education and his grade would drop as a result. Needless to say, his grade has gone from 90 to a 79 in that class. Teacher refuses to use a different strategy with my son.
You wouldn't be able to the sue teacher, personally. Conceivably, if there is any lawsuit to bring, you would bring it against the school/district. I am sure there is more to the story, but what you describe does not sound like a viable case for a lawsuit. Teachers have discretion to run their classroom as they see fit (within certain boundaries). Without knowing what transcribed at the various meetings you had with the higher ups and what, specifically, the issue is.
Candidly, it is super unlikely that your kid is being tossed out by the teacher for doing nothing. Your kid is probably doing something that is causing the teacher to take such action. You may disagree with the sanction, but the teacher is not acting arbitrarily. Grades are, largely, the responsibility of the student. So, maybe, instead of trying to fight it out with the school, have your son starting towing the line. There is life lesson here, sometimes you have to deal with situations that are not ideal and deal with people that are jerks. But, you need to keep your eye on prize and have you son bear the slight indignity and do the work and stop doing what ever it is that is getting him thrown out of class (even if you think it is unfair).
No suit against teacher. Possibly against school on the theory that this is foreseeable and deprives your child of the minimum time that subject requires as mandated by your state if a core subject.
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You can't sue the teacher. You can theoretically, assuming you have a valid claim, sue the school board. However, without passing judgment as I know nothing of the facts of the case, your whole question presumably blames the teacher without any blame on your son. Might want to think about what he is doing in class.
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