between the activity out of which the violation — i.e., the shooting — occurred and the teacher's duties and obligations as a teacher. Thus, the teacher acted under color of state law, and the student may bring a § 1983 action. Consequently, the majority essentially raises to the level of a constitutional violation all torts committed by teachers against students. 24 . See McLaren v. Imperial Casualty & Indem. Co., 767 F.Supp. 1364, 1370-71 (N.D.Tex.1991) (finding that a sexual assault committed by a police officer was, under Texas law, committed outside the scope of his employment), aff'd, 968 F.2d 17 (5th Cir.1992) (table: unpublished opinion), cert. denied, - U.S. -, 113 S.Ct. 1269, 122 L.Ed.2d 665 (1993); Smith v. M Sys. Food Stores, Inc., 156 Tex. 484, 297 S.W.2d 112, 114 (1957) (<HOLDING>); see also Morgan v. Tice, 862 F.2d 1495, 1499
holding sexual assault by officer not within scope of employment even though officer on duty in uniform and serving warrant on woman he raped holding that a suspended chicago police officer was not acting within his scope of employment when discharging his weapon in the neighboring municipality of cicero holding that scope of employment was an issue for the jury where a chicago police officer was off duty but within the city limits when he shot the plaintiff holding as a matter of law that a police officer was not acting within the scope of his employment when assaulting an acquaintance of a woman he had detained holding as a matter of law that an offduty government agent was not acting within the scope of his employment when he was driving home intoxicated after completing his tour of duty because on no basis would the court conclude that drinking and driving after work hours fell within the scope of the dea agents employment  