Opinion

Eloise Ingraham, as Next Friend, Etc. v. Willie J. Wright, I, Individually, Etc.

  • 525 F.2d 909
  • 1976 U.S. App. LEXIS 13462
Court
Court of Appeals for the Fifth Circuit
Filed
Jan 8, 1976
Status
Published
Author
Godbold
On the bench
Brown, Rives, Gewin, Bell, Thornberry, Coleman, Goldberg, Ainsworth, Godbold, Dyer, Simpson, Morgan, Clark, Roney, Gee
Cited by
63 cases

“We note again the possibility of a civil or criminal action in state court against a teacher who has excessively punished a child.”

How later courts described this case

  • “We note again the possibility of a civil or criminal action in state court against a teacher who has excessively punished a child.”
  • “We concur with the approach taken . by the two district courts that have held the Eighth Amendment to be inapplicable to corporal punishment in public schools.“

Written by the judges who cited it.

The opinion

GODBOLD, Circuit Judge, with whom BROWN, Chief Judge,

joins (dissenting):

I agree with Judge Rives that arbitrary and excessive corporal punishment is a denial of substantive due process, although I am not convinced that the punishment in this case rose to the level of such a violation. I, therefore, disagree with the majority’s statement that it would be an abuse of our judicial power to determine whether punishment inflicted in a particular case exceeds constitutional limits. This is a mere rule of convenience, made palatable by characterizing the issue as the difference between five and ten licks. I doubt that the majority really means what it says, and I suspect that if in a future case the punishment inflicted has broken the vic *921 tim’s leg we will face the issue and hold that substantive due process has been violated.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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