Appendix — Ingraham v. Wright

Supreme Court brief1977

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FILE D

SEP 24 1976

CORRECTED copy

MICHAEL ROBAK, JR_CLERK

APPENDIX

In the Supreme Court of the United Sta

Ocroser TERM, 1976

No. 75-6527

JaMEs INGRAHAM, BY HIS MOTHER AND NEXT FRIEND, ELOISE

INGRAHAM, ET AL., PETITIONERS

WIILIIE J. WNI ox, I. ET AL., RESPONDENTS

ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF

APPEALS FOR THE FIFTH CIRCUIT

PETITION FOR CERTIORARI FILED APRIL 6, 1976

CERTIORARI GRANTED MAY 24, 1976

INDEX

DEED . ccqncgpccentetmicnisesaquatednccesendue

Order defining olass- F

14 Photograph of paddles—

eee

Original panel decision of Court of Appeals for the Fifth

1 ——— cammumnmebaeienisnmntian

En banc decision by Court of Appeals for the Fifth

G TTT

Order for the Supreme Court of the United States grant-

ing motion for leave to proceed in forma pauperis and

granting petition for writ of certiorar

(I)

United States District Court, Southern District of Florida

RELEVANT Docket ENTRIES

Date

1971 peo

Jan. 7 Complaint

Feb. 8 Answer

July 15 Motion to determine class :

Aug. 10 Denial of motion to determine class, without

prejudice to later move to. alter this

determination

1972

May 16 Order defining class

Oct. 16 Non-jury trial commenced ;

17 Non-jury trial resumed and continued

18 Non-jury trial resumed

1973

Feb. 23 Order of dismissal

Mar. 13 Notice of appeal

(TI)

In the United States District Court in and for the Southern

District of Florida

(Case No. 71-23)

Exvorse IN AMAM As Next FIND AND MornHer or JAMES

INGRAHAM, A Minor, AND WILLIE Everett as Next Frrenp

AND FaTuer oF Rooseveirt ANDREWS, A MINOR, ON BEHALF

OF THEMSELVES AND ALL OrHers SIMILARLY SITUATED.

PLAINTIFFS

vs.

Witum J. Wricut, I, InprvipvaLty AND As PRINCIPAL or

CRHARLAS R. Drew Junior Hic School, LMM Dexirorp,

INDIVIDUALLY AND AS ASSISTANT PRINCIPAL FOR ADMINIS-

TRATION AT CHARLES R. Drew Junior Hin School, Sor o-

MON BARNES, INDIVIDUALLY AND AS ASSISTANT TO THE PRIN-

CIPAL OF CHARLES R. Drew Junior Hrn ScRHOOL, Epwarp L.

WHIGHAM, INDIVIDUALLY AND AS SUPERINTENDENT OF THE

Dan County School, System AND THE DA County

ScHoo. BoarD, DEFENDANTS

Complaint

1. The jurisdiction of this Court is invoked pursuant to 28

U.S.C. §§ 1331 and 1343. This action arises under the First,

Fourth, Eighth, Ninth and Fourteenth Amendments to the

United States Constitution, and 42 U.S.C. §§ 1981-1988. The

matter in controversy exceeds the sum of $10,000 exclusive of

interest and costs, and the action seeks damages and both in-

junctive and declaratory relief pursuant to 42 U.S.C. §§ 1981-

1988 and 28 U.S.C. §§ 2201 and 2202, respectively.

2. Plaintiff, JAMES INGRAHAM, Jr., is a fourteen year old

eighth grade student at Charles H. Drew Junior High School

located in Miami, Dade County, Florida.

3. Plaintiff, ROOSEVELT ANDREWS, is a fifteen year old

ninth grade student at Charles R. Drew Junior High School.

(1)

4. Defendant, WILLIE J. WRIGHT, I, is the Principal of

Charles R. Drew Junior High School having commenced his

principalship during the September 1970 school term.

5, Defendant, LEMMIE DELIFORD, is Assistant Principal

for Administration at Charles R. Drew Junior High School.

6. Defendant, SOLOMON BARNES , is Assistant to the Prin-

cipal of Charles R. Drew Junior High School.

7. Defendant, DADE COUNTY SCHOOL BOARD, is a body

corporate charged with responsibility of establishing, organizing

and operating the Dade County school system. Pursuant to FS.

88 231.09(3), 232.25, 232.26 and 232.27, defendant, the DADE

COUNTY SCHOOL BOARD, promulgated its policy No. 5144

(attached hereto and made a part hereof as Exhibit A) relating

to the use of corporal punishment as a means of behavioral con-

trol in the public schools of Dade County, Florida.

8. Defendant, EDWARD L. WHIGHAM, is the Superin-

tendent and highest administrative officer in the Dede County

school system.

9. In September 1970, or shortly prior thereto, defendants,

WRIGHT, DELIFORD, BARNES, and, upon information and

belief, WHIGHAM (and/or the latter’s agents, servants or em-

ployees) conspired to initiate and did initiate a harsh, arbitrary,

inflexible and brutal corporal punishment policy calculated to

create an atmosphere of dread, fear and anxiety at Charles R.

Drew Junior High School for the ostensible purpose of main-

taining discipline and order.

10. Pursuant to the tactics of terror conceived in September

1970, defendants, WRIGHT, DELIFORD and BARNES,

have engaged in. a pattern und practice of indiscriminate

threats, assaults and beatings upon students at Charles R.

Drew Junior High School. These punitive measures are often

and regularly administered:

a. For the least infraction or appearance of wrong doing

without any prior proceeding to determine whether or

not the student has in fact engaged in wrongful conduct

or whether there were any mitigating factors which should

be taken into account before administering punishment;

i.e., without any semblance of procedural due process of

law.

b. Without first seeking other means of regulating or

controlling the behavior of the alleged wrong doer.

5 Without —— conferring with the victim’s teacher or

other persons who may have had personal knowl

the alleged wrongful behavior. 2

d. In surroundings calculated to embarrass, demean

and degrade the victim, e. g., the boys bathroom, the school

hallways.

e. In the presence of other students, calculated to em-

barrass the victim and hold him up to shame and ridicule

6. whee herd

With a wooden instrument calculated to

9 . tea

g. Without the personal prior knowledge and approv

of defendant WRIGHT, but pursuant to 42

gated by him to defendants, BARNES and DELIFORD.

h. By parading through the hallways and classrooms

while classes are in session, carrying a large wooden

weapon in a threatening manner.

i. Without adult witnesses present other than the per-

son administering the punishment.

j. With vindictiveness. -

11. Upon information and belief, the defendant WHIGHA

and/or his agents and employees in the administrative hier-

archy of the Dade County school system have knowingly lent

their tacit or explicit support and approval to the methods of

discipline and behavioral control described herein.

Frrst Cause or ACTION

12. On or about October 6, 1970, at Charles R. Drew Junior

High School, defendants, WRIGHT, DELIFORD and

BARNES, carpe —— of state law, conspired to administer

an unprovoked and unjustified beating and in-

tiff INGRAHAM. e

13. On or about October 6, 1970, at Charles R. Drew Junior

High School, the aforesaid defendants, WRIGHT, DELI-

FORD and BARNES, while holding plaintiff in an embarrass-

ing and immoble position, did there and then strike him

repeatedly and violently with a wooden instrument.

14. When plaintiff INGRAHAM thereafter attempted to

leave Charles R. Drew Junior High School to minister to his

wounds defendant WRIGHT threatened him with further

physical injury to be administered to plaintiff INGRAHAM’s

head.

15. As a direct and proximate result of the beating adminis-

tered to him, plaintiff INGRAHAM was injured in and about

his body, suffered pain and emotional upset, embarrassment

and anxiety therefrom, incurred medical expenses and treat-

ment of such injuries, suffered physical handicap to the extent

that his normal abilities as a youth and student were impaired ;

said injuries are either permanent or continuing in their nature,

and plaintiff INGRAHAM will suffer such losses and impair-

ment in the future.

Seconp Cause or ACTION

16. On or about October 1, 1970, plaintiff ROOSEVELT

ANDREWS was among approximately fifteen students each

of whom was beaten in the presence of the others by defendant

BARNES with a wooden instrument in the boys bathroom of

Charles R. Drew Junior High School. No adult witnesses were

present during the beatings which were severe enough to cause

virtually all of the victims to cry out in pain. Plaintiff AN-

DREWS was struck by defendant BARNES on the back, legs,

buttocks and arms. The blows were administered with such

force as to propel plaintiff ANDREWS forward, causing him

to strike the bridge of his nose on a protruding bathroom fix-

ture. The beating received by plaintiff ANDREWS was unpro-

voked and unjustified, and was administered without the prior

knowledge or approval of the defendant WRIGHT.

17. Subsequent to the beating on October 1, 1970 and prior

to October 20, 1970, plaintiff ANDREWS’ father and next

friend, WILLIE EVERETT, informed defendant DELIFORD

that he did not approve of the corporal punishment method of

discipline as administered by school officials to his son and that

such officials should thereafter refrain from assaulting, beating

or otherwise physically injuring plaintiff ANDREWS.

18. On or about October 20, 1970, despite WILLIE EVER-

ET T's instructions to the contrary, defendant WRIGHT, in the

presence of both defendants BARNES and DELIFORD, struck

plaintiff ANDREWS numerous and repeated times with a

wooden implement.

— — —

19. As a and proximate result of the beating admin-

istered to him, plaintiff ANDREWS was injured in and about

his normal abilities as a youth and student were impaired.

Tam Cause or Action ;

20. This is a class action authorized by Rule 23 of the Fed-

eral Rules of Civil Procedure. The class which plaintiffs rep-

resent are all students of the Dade County school system who

are subject to the corporal punishment t policies issued by the

defendant, DADE COUNTY SCHOOL BOARD. The class is

so numerous as to make joinder of all members thereof im-

practicable. Defendants have acted on grounds generally appli-

cable to the class thereby making appropriate final injunctive

relief and/or corresponding declaratory relief. with respect to

the class. There are questions of law and fact common to the

members of the class. Plaintifis will protect and represent the

interests of the class.

21. The defendants have promulgated no list of school regu-

lations or standards of conduct, violation of which will result

in corporal punishment. There is no schedule of maximum pun-

ishments. As a result, students have no notice of what offense

will result in corporal punishment or of the amount of punish-

ment which they can expect. Indeed, punishment appears to

be imposed haphazardly and according to whim and ca-

price. Identical offenses are corporally punished or not, and/or

are corporally punished with degrees of severity, apparently

according to the mood of the school official. The regulations

thus provide for punishment of limitiess, undefined crimes, by

limitless, undefined punishments. Such regulations permit and

even encourage widely disparate treatment of identical situa-

tions and conduct.

22. The infliction of corporal punishment by public school

officials on students on its face abridges the privileges and

immunities” of all such students, as well as the plaintiffs on

the facts of the within action, including their rights to physical

integrity, dignity of personality, and freedom from arbitrary

the use of corporal punishment in the schools results in a hostile

reaction to authority, breeds further violence and interferes

with the educational process and academic inquiry.

24. The infliction of corporal punishment on public school

students on its face, and as applied in the instant case, con-

stitutes “cruel and unusual punishment” since its application

is grossly disproportionate to any misconduct plaintiffs may

have engaged in, in violation of the Eighth and Fourteenth

Amendments to the Constitution of the United States.

25. Defendants’ failure to provide students with any pro-

cedural safeguards before inflicting corporal punishment on

them, including adequate notice of alleged misconduct, hearing,

examination and crocs-examination, representation and notice

of rights constitutes summary punishment and deprives stu-

dents of “liberty without due process of law” in violation of the

Fourteenth Amendment to the United States Constitution.

26. As a direct and proximate result of defendants’ conduct

in executing, permitting and/or failing to prevent the inflicting

of corporal punishment pursuant to the standards adopted by

the defendants to govern the inflicting of corporal punishment,

plaintiffs-students have been deprived of their rights under the

Constitution of the United States for the reasons stated in

paragraphs 22 and 25 above.

27. Defendants’ past and continuing infliction of corporal

punishment on plaintiffs and members of their class has caused

and continues to cause them great and irreparable injury by

greatly damaging their education, causing them severe and

permanent physical and emotional injury, violating their phys-

ical integrity, and destroying their dignity of personality. Fur-

ther defendants’ past and continuing infliction of corporal

punishment on plaintiffs and members of their class will ir-

reparably injure their fundamental constitutional rights to be

free from arbitrary and capricious governmental action and

will irreparably injure the public’s interest in insuring its fun-

damental laws are obeyed by government.

28. Plaintiffs have no adequate remedy at law to prevent the

continued implementation of the corporal punishment policy

of the defendants which will continue to cause and threaten to

cause irreparable injury to the plaintiffs and the members of

their class unless enjoined by this Court.

WHEREFORE, and for the foregoing reasons, plaintiffs

respectfully pray as follows:

4 ‘That the Court Um jurisdiction of this cause

pursuant to 28 U.S.C. § § 1331 and 1343.

b. That the Court will enter an Order determining the

class to be all students of the Dade County school system

subject to the corporal punishment poicies of the

defendants.

c. That the Court will enter a Temporary Restraining

Order, a Preliminary Injunction and a Permanent Injunc-

tion enjoining and restraining the defendants, their agents,

servants and employees from inflicting any form of cor-

poral punishment upon any student at Charles R. Drew

Junior High

d. That the Court will enter a declaratory judgment de-

claring that the corporal punishment policy of the de-

fendants’ Policy No. 5144 contravenes the First, Fourth,

Eighth, Ninth and Fourteenth Amendments to the United

States Constitution.

e. That the Court will enter a declaratory judgment de-

claring that any form of corporal punishment imposed on

students in the Dade County school is unconstitutional

under the First, Fourth, Eighth, Ninth and Fourteenth

Amendments to the United Staces Constitution.

f. That the Court will issue a Permanent Injunction en-

joining and restraining the defendants, their agents, serv-

ants and employees from inflicting any form of corporal

punishment upon any student in the Dade County school

‘system

g. That judgment be entered against the defendants

jointly and severally in both their individual and rep-

resentative capacities in an amount in excess of $50,000 as

to each named plaintiff as compensatory and punitive

damages, plus interest and costs.

h. For such other relief as the Court deems just and

proper. Plaintiffs demand jury trial for all matters triable

by jury as a matter of right.

Respectfully submitted,

Bruce S. Rocow, Esq., .

WILIXI D. Fercuson, Esq.,

ALFRED FEInBerG, Esq.,

Fconomic Opportunity Legal Services Program, Inc.,

395 V. W. First Street,

Miami, Florida 33128.

Ricnarp Hamar, Esq.,

4844 N.W. Seventh Avenue,

Miami, Florida 33127.

Attorneys for Plaintiffs.

By Alfred Feinberg,

ALFRED FEINBERG, Esq.,

Exuisir A.—ELEMENTARY AND SECONDARY

Discipline/Punishment: Corporal Punishment

I. DISCIPLINE

Successful learning is contingent upon the self-discipline of

the students as well as upon the group discipline which supports

the learning climate.

Student infractions of rules and departures from good be-

havior should be studied, and corrective action should be taken

as a result of identification of reasons for improper behavior be-

fore punishment is invoked. The only exception to this logical

process is in the case of erratic behavior of a student which may

affect the safety of himself or others. At this point, it is neces-

sary to act immediately and probe for causal reasons as soon as

possible. A study of individual differences, conference with the

pupil and parent, and assistance from the principal, pupil per-

sonnel and other school resource specialists may aid the teacher

in attempting to help a student correct behavior patterns which

are retarding his development or interfering with the rights of

others. The principal may also suggest seeking assistance from

other resources in the school district offices or in the commu-

nity.

obedience, and, as a concomitant, power to enforce the class-

room regulations.

Il, PUNISHMENT: CORPORAL PUNISHMENT

Punishment in the general sense is the infliction of a penalty

for an offense. Corporal punishment is generally applied to the

body of the offender or is physical punishment as opposed to

other forms of punishment and is administered as a means of

changing the behavior of the student. Therefore, it is important

action.

Corporal punishment may be used in the case where other

means of seeking cooperation from the student have failed. If it

appears that corporal punishmerit is likely to become necessary,

the teacher must confer with the principal. The principal will

determine the necessity for corporal punishment and designate

the time, place, and the person to administer said punishment.

In any case, the student should understand clearly the serious-

ness of the offense and the reason for the punishment. Care

should be taken that the period of time between the offense and

the punishment is not so long as to cause undue anxiety in the

pupil. The punishment must be administered in kindness and

in the presence of another adult, at a time and under condi-

tions not calculated to hold the student up to ridicule or shame.

In the administering of corporal punishment, no instrument

shall be used that will produce physical injury to the student,

and no part of the body above the waist or below the knees may

be struck. The person administering the corporal punishment

must realize his own personal liabilities it the student being

given corporal punishment is physically injured.

Corporal punishment should never be administered to a stu-

dent whom school personnel know to be under psychological

or medical treatment unless there has been a pre-conference

with the school psychologist or the physician.

(See also Regulation 5150, Control of Student Behavior. )

2 Reference: Florida Statutes, 231.09 (3), 232.25, 232.26

Filed, February 8, 1971, Joseph I. Bogard, Clerk, U.S. Dist.

Ct., Southern Dist. of Fla., Miami, Fla.]

In the United States District Court in and for the Southern

District of Florida, Miami Division

(No. 71-23-Civ-JE)

Evorsp INGRAHAM, ET AL., PLAINTIFFS

v8.

WII J. WRIGHT, ET AL., DEFENDANTS

Answer

COME NOW the Defendants, by and through their under-

signed attorneys, and for answer to the Complaint herein state

as follows:

(1) Defendants deny each and every allegation set forth

in Paragraphs 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, and 20

of the Complaint.

(2) Defendants admit that they have promulgated no

list of school regulations, violation of which will result in

corporal punishment. Except as so admitted, Defendants

deny the allegations of Paragraph 21 of the Complaint.

(3) Defendants deny the allegations of Paragraphs 22,

23, 24, 25, 26, 27 and 28.

WHEREFORE, Defendants pray that the above styled

action be dismissed with costs to the Defendants and that such

other and further relief as may be just and proper may be

granted.

DATED this 5 day of February, 1971.

BoLLES, Goopwin, RySKAM & Wan,

Attorneys for Defendants,

1410 N.E. Second Avenue,

Miami, Florida 33132.

By James T. Schoenbrod

JaMes T. SCHOBNBROD,

O Counsel.

I HEREBY CERTIFY that a true and correct copy of the

above and foregoing Answer was mailed to ALFRED FEIN-

BER 3, ESQ., Attorney for Plaintiffs, Legal Services Program,

Inc., 395 N. W. First Street, Room 202, Miami, Florida, this 5

day of February, 1971.

James T. Schoenbrod.

Exuisir “A”.—MsMoraNDUM

Avovsr 19, 1970.

TO: All Teachers.

FROM: Willie J. Wright, I, Principal, Charles R. Drew, Junior

High School.

RE BOARD POLICY NO. 5114 “SUSPENSION, EXPUL-

SION AND EXCLUSION”, BOARD POLICY NO. 5144

“DISCIPLINE/PUNISHMENT: CORPORAL PUN-

ISHMENT”, BOARD POLICY NO. 5150 “CONTROL

OF STUDENT BEHAVIOR”, BOARD POLICY NO.

5132 “DRESS”.

ELEMENTARY AND SECONDARY

SUSPENSION, EXPULSION, AND EXCLUSION

Suspension or explusion of a pupil from the public schools has

very serious consequences for that student in view of the in-

| creasing significance that society places upon education. A stu-

dent cannot be deprived of his education without due process

of the law guaranteed by the Fourteenth Amendment to the

Constitution of the United States of America. Attendance at

the public school does not signify a waiver of the student’s

constitutional rights. It is essential that school administrators

be aware that upon initiating disciplinary proceedings against

a pupil, they must proceed in a fixed order. A fair hearing pro-

cedure must be afforded to the pupil in any type of action which

may result in suspension or expulsion.

Suspension and expulsion are measures to be employed only

after all available school and support services have been consid-

ered, or when school personnel are unable to cope constructively

with pupil misconduct, or where conditions, including emer-

gency conditions, require immediate suspension. Suspension

from school may be authorized by the principal and the Super-

intendent of f hools for a short period of time. Expulsion from

the school requires action of the Dade County School Board to

effect and rescind the status.

Expulsion from the regular program of the Dade County

Public Schools is defined as expulsion from the normal kinder-

garten through twelfth-grade (K-12) program; and expulsion

from the Dade County Public Schools is defined as expulsion

from the normal kindergarten through twelfth-grade (K-12)

program and all other programs offered by the Dade County

Public Schools.

PRINCIPAL'S AUTHORITY

The principal shall have the authority to:

1. Suspend a pupil from school for a period of not more

than ten school days on any one suspension for any breach

of the school’s established conduct code or for any reason

provided by state law.

2. Recommend to the Superintendent of Schools, with

the approval of the appropriate district superintendent.

That the pupil’s suspension:

a) be extended by the Superintendent of Schools

up to an additional 30 school days.

b) be extended by the Superintendent of Schools

up to an additional 30 school days and that the Dade

County School Board expel permanently or for a les-

ser period of time. A recommendation for expulsion

shall be in a written narrative form.

The extent of the school administrator’s authority in specific

situations remains a matter of interpretation of the inherent

function of his office and of the guidelines laid down by the

State Legislature and the Dade County School Board.

SUPERINTENDENT'S AUTHORITY

The Superintendent of Schools shall have the authority to

1. Extend a principal’s suspension of a pupil up to an

additional 30 school days, and to assign any pupil so sus-

pended to an individually designated program or other

special placement.

2. Recommend to the Board that a pupil be expelled

permanently or for a lesser period of time.

3. Recommend assignment of a pupil to be expelled

from his regular schoo] to an individually designated pro-

gram or to other special placement.

EXPULSION BY THE DADE COUNTY SCHOOL BOARD

Any pupil subject to the control of the school shall be sub-

ject to expulsion by the School Board upon the recomendation

of the Superintendent of Schools when the pupil has:

1. Possessed, used, handled, or transmitted a substance

capable of modifying mood and/ behavior.

2. Possessed, used, handled, or transmitted a weapon

avluding, but not limited to, a gun, knife, razor, explo-

sives, ice pick, club, or paddle.

3. Used any article as a weapon or in a manner reason-

able calculated to threaten any person.

4. Committed a serious breach of conduct including, but

not limited to, an assault on school personnel or on an-

other pupil, 4 lewd or lascivious act, arson, vafidalism, or

any other act which disrupt or tends to disrupt the orderly

conduct of the school or cn activity.

5. Engaged in less serious but continuing misconduct

including, but not limited to, the use of profane, obscene,

or abusive language, or other acts that are detrimental to

the educational function of the school. Any expulsion rec-

ommendation based on such misconduct shall include a

documented report by the principal on the corrective

measures taken prior to his recommendation of expulsion.

PUPIL EXPULSION HEARING PROCEDURES

The following procedures will be observed when the Super-

intendent of Schools recommends a pupil for expulsion:

The Superintendent of Schools shall, by certified mail or by

hand delivery by an appropriate staff member, notify the

pupil’s parents or guardian of school record that he is recom-

mending that their child be expelled from the Dade County

Public Schools. This letter shall set forth the charges against

the student and advise the parent or guardian that he has five

days in which to.request @ hearing on those charges’ beféee a

hearing examiner.

Should: tho. partes: ds iquatdion nhs toaeeiit a higeting within

the specified time, the Board shall act upon the Superintend-

ent’s recommendation at the first available Board meeting.

Said recommendation shall set forth a brief statement of the

pupil’s act or acts which warrant expulsion.

Should the pupil's parent request a hearing, the hearing shall

be conducted before one of the hearing examiners appointed

by the Dade County School Board and shall be conducted un-

der the rules and procedures for administrative hearings

adopted by Board Resolution 63-19. (See Regulation 4119.5.)

EXCLUSION: RELEASE FROM COMPULSORY SCHOOL

ATTENDANCB

Certificates of exemption for children under 16 years of age

are authorized under certain cases. Students within the com-

pulsory attendance age limits may be issued valid certificates

of exemption by the Superintendent, exempting them from at-

tending school for one of the following reasons:

1. Physical and mental disturbance

2. Distance exemption

3. Employment exemption

4. Judicial exemption

A certificate of exemption shall cease to be valid at the end

of the school year in which it is issued.

DISCIPLINE/PUNISHMENT: CORPORAL PUNISHMENT

I. Discipline

Successful learning is contingent upon the self-discipline of

the student as well as upon the group discipline which supports

the learning climate.

Student infractions of rules and departures from good behav-

ior should be studied, and corrective action should be taken as a

result of identification of reasons for improper behavior before

punishment is invoked. The only exception to this logical proc-

ess is in the case of erratic behavior of a student which may

affect the safety of himself or others. At this point, it is necessary

to act immediately and probe for causal reasons 4s soon a8 pos-

sible. A study of individual differences, conferences with the

pupil and parent, and assistance from the principal, pupil per-

sonnei and other school resource specialists may aid the teacher

in attempting to help a student correct behavior patterns which

are retarding his development or interfering with the rights of

others. The principal may also suggest seeking assistance from

other resources in the school district offices or in the community.

A teacher or principal stands substantially in loco parentis

with the child; that, coupled with the authority set forth in

Florida Statutes, vests them with the power to establish rules

for discipline, develop understandings for the enforeement of

obedience, and, as 8 concomitant, power to enfores de dan

room regulations.

II. Punishment: Corporal Punishment

W V

for an offense. Corporal punishment is generally applied to the

body of the offender or is physical punishment as opposed to

other forms of punishment and is administered as a means of

chenging the behavior of the student. Therefore, it is important

to analyze whether or not this goal will be accomplished by such

action.

Corporal punishment may be used in the case where other

means of seeking cooperation from the student have failed. If it

appears that corpora! punishment is likely to become necessary,

the teacher must confer with the principal. The principal will

determine the necessity for corporal punishment and designate

the time, place, and the person to administer said punishment.

In any case, the student should understand clearly the serious-

ness of the offense and the reason for the punishment. Care

should be taken that the period of time between the offense and

the punishment must be administered in kindness and in the

presence of another adult, at a time and under conditions not

calculated to hold the student up to ridicule or shame.

In the administering of corporal punishment, no instrument

shall be used that wiil produce physical injury to the student,

and no part of the body above the waist or below the knees may

be struck. The person administering the corporal punishment

must realize his own personal liabilities if the student being

given corporal punishment is physically injured.

Corporal punishment should never be administered to a stu-

dent whom school personnel know to be under psychological or

medical] treatment unless there has been a pre-conference with

the school psychologist or the physician.

CONTROL OF STUDENT BEHAVIOR

The schools are established for the benefit of all students. The

educational purposes of the schools are accomplished best in a

climate of student behavior which is socially acceptable and

conducive to the learning and teaching process. Student behav-

216-455 © - 76 -2

ior which disrupts this process or which infringes upon the righ

of other individuals will not be tolerated. z

The School Board reaffirms its support of the administrative

staff and teachers in taking all necessary steps to enforce and

implement all Board policies and regulations pertaining to con-

trol of student behavior. Important among these policies are

those in the areas of conduct, corporal punishment, suspensions

and expulsions, and climate for learning.

The School Board directs that:

1. The Superintendent, through the Security Depart-

ment, shall pursue the investigation and assist in the subse-

quent prosecution of any adults inciting students to per-

form violent and unlawful acts in the schools; and

2. That each individual teacher shall be granted full dis-

ciplinary authority over every student in his classroom, in

accordance with Florida Statutes, Board Policies and Reg-

ulations, and administrative regulations.

DRESS

The principal of each school shall provide leadership and di-

rection in developing regulations relating to dress and behavior

for the students in his school.

Cleanliness, personal appearance, and proper dress are impor-

tant in setting the pattern of school and social conduct. There is

considerable evidence to indicate a close relationship between

pupil dress and pupil behavior. The standards of dress for school

should conform to the standards generally accepted by the com-

munity. The administration is encouraged to invite staff, stu-

dents, and parents to participate in setting up acceptable mini-

mum standards for student dress.

Students who come to school without proper attention having

been given to personal cleanliness or neatness of dress may be

sent home to be properly prepared for school, or shall be required

to prepare themselves for the schoolroom before entering.

Students should not wear clothing or hair styles that can be

hazardous to them in their school activities, such as shop, lab

work, physical education, and art. Grooming and dress which

prevent the student from doing his best work because of blocked

vision or restricted movement should be discouraged, as should

dress styles that create, or are likely to create, a disruption of

classroom order. Articles of clothing which cause excessive main-

tenance problems of school property are unacceptable.

United States District Court, Southern District of Florida

(Case Number 71-23-CIV-JE)

Evoist INGRAHAM, ET AL., PLAINTIFFS

v8.

Wiiu J. WRIGHT, ET EL., DEFENDANTS

Order

THIS CAUSE is before the Court on Plaintiffs’ Motion to

Compel Discovery filed September 30th, 1971; Plaintiff’ Re-

newed Motion to Determine the Class; and Plaintiffs’ Renewed

Motion to Produce Income Tax Returns, etc. The Court has

considered the motions and the record in the cause. Therefore,

it is

ORDERED and ADJUDGED that:

1. Plaintiffs’ Motion to Compel Discovery filed September

30th, 1971 is granted. Defendants shall provide Plaintiffs with

the requested documents, by mail, within ten days from the

date of this Order, said documents to be copied by Plaintiffs

and returned to Defendants by mail.

2. Plaintiffs’ third cause of action of the Complaint is deter-

mined to be a class action under Rule 23(b) (2) and pursuant

to Rule 23(¢)(1), the members of the class are determined to

be as follows: “All students of the Dade County School system

who are subject to the corporal punishment policies issued by

the Defendant, Dade County School Board, with the exception

of Miss Karen Grumwell, who specifically requested that she

not be made a part of the class.”

3. Plaintiffs’ Renewed Motion to Produce Income Tax Re-

turns and a Statement of Net Worth of Defendants Wright,

Deliford and Barnes is granted to the extent that same shall be

produced to the Court.

DONE and ORDERED at Miami, in the Southern District

of Florida this 16th day of May, 1972.

Jon Eaton,

United States District Judge.

In the United States District Court in and for the Southern

District of Florida

(Case No. 71-23-Civ-JE)

E.oiss INGRAHAM, ET AL., PLAINTIFFS

v8.

WII J. Wricut, I., er N., DEFENDANTS

Stipulation

Pursuant to the Court’s suggestion, the parties through

their undersigned counsel do hereby Stipulate and agree that

the following summaries of the anticipated testimony of Dr.

Fernando Milanes and Dr. Carlos Gamez would constitute the

sum and substance of their testimony which Plaintiffs intend

to offer into evidence in support of Plaintiffs’ first cause of

action. Taken together with all of the evidence introduced by

Plaintiffs in support of Plaintiffs’ third cause of action, the

testimony of Drs. Milanes and Gamez constitutes all of the evi-

dence which Plaintiffs would offer in their case in chief in sup-

port of Plaintiffs’ first and second causes of action. Defendants

stipulate to the summaries of testimony set forth below with-

out conceding the truth or falsity of said testimony.

ANTICIPATED TESTIMONY OF Dr. FERNAN DO MILANES

1. Dr. Fernando Milanes would testify that he practices med-

icine at the Veterans Administration Hospital, 1201 N. W. 16th

Street. His home address is 8970 S. W. 56th Terrace. Dr.

Milanes is not in private practice. He passed the Florida State

Medical Boards in March, 1971 and is a member of the Dade

County Medical Association, the Florida Medical Association,

and the American Medical Association. From November 1,

1969 to October 31, 1970 Dr. Milanes interned in Family Medi-

cine at Jackson Memorial Hospital. He is currently engaged

in psychiatric residency and as of September 7, 1972 was Chief

Resident in Psychiatry at the Veterans Administration

Hospital.

2. Dr. Milanes would testify that on October 6, 1970 during

the period of his internship he examined JAMES INGRAHAM

in the emergency room primary care unit of Jackson Memorial

Hospital. His testimony will show that JAMES INGRAHAM

complained of pain to his buttocks and that Dr. Milanes, upon

ining JAMES INGRAHAM’s buttocks diagnosed the

cause of the pain to be a hematoma.

3. Dr. Milanes’ testimony will show that the area of pain

was tender and large in size and that the temperature of the

skin area of the hematoma was above normal which is a sign

of inflammation often asso¢iated with hematoma.

4. The hematoma Dr. Milanes observed is consistent with a

eee istered to the

5. Due to the injury caused to JAMES INGRAHAM’s but-

tocks Dr. Milanes, will testify that he wrote a note excusing

JAMES INGRAHAM from paticipation in Physical Education

classes at school.

ANTICIPATED Testimony or Dr. Cartos GAM

6. Dr. Carlos Gamez will testify that he passed the Florida

State Medical Boards approximately one and one-half years

ago. His specialty is Family Medicine and at the time he exam-

ined JAMES INGRAHAM he was a second year resident in his

specialty at Jackson Memorial Hospital and at the Family

Health Center. At the present time Dr. Gamez has offices at

1707 Coral Way.

7. Dr. Gamez will testify he examined JAMES INGRAHAM

on October 9, 1970 at Jackson Memorial Hospita! and again

on October 14, 1970 at the Family Health Center. The patent’s

subjective signs of injury included a hematoma approximately

six inches in diameter which was swollen, tender, and purplish

in color. Additionally, there was serousness or fluid oozing from

the hematoma.

8. The patient complained of pain to his buttocks and stated

—— he had been beaten with a paddle at school a number of

es.

9. In Dr. Gamez’ opinion the wound which he observed on

the patient’s buttocks is consistent with, or likely to have been

caused by a number of forceful blows with a wooden instrument

or paddle. Furthermore, the hematoma which was observed

was likely to have been painful. It is Dr. Gamez’ opinion that

the observable injury, including the pain, would have likely

persisted for approximately one week.

STIPULATION

The parties, by and through their undersigned counsel, do

hereby stipulate as hereinabove set forth that the testimony

summarized above would be the testimony of Drs. Milanes and

Gamez respectively.

ALFRED FEINBERG,

Attorney for Plaintiffs, Legal Services of Greater Miami,

Inc., 395 Northwest First Street, Suite 202, Miami,

Florida 33128, Telephone—379-0822.

LELAND STANSELL,

Attorney for Defendants, Wright and Deliford, 10th

Floor, Biscayne Bldg., Miami, Florida 33130.

Frank Howarp,

Attorney for Defendants, Wright, Deliford, Barnes,

Whigham, and the Dade County Board of Public

Instruction, 1410 NE. Second Avenue, Miami, Florida.

I HEREBY CERTIFY that a true and correct copy of the

foregoing was served by U.S. Mail upon Frank Howard, Attor-

ney for Defendants, Wright, Deliford, Barnes, Whigham, and

the Dade County Board of Public Instruction, 1414 N. E. Sec-

ond Avenue, Miami, Florida, Leland Stansell, Attorney for De-

fendants Wright and Deliford, 10th Floor, Biscayne Building,

Miami, Florida 33130 this 29 day of January, 1973.

ALFRED FEINBERG,

Attorney for Plaintiffs.

In the District Court of the United States for the Southern

District of Florida

No. 71-23-Civ-JE

ELOolsn INGRAHAM, BT AL., PLAINTIFFS

us.

Wituie WRIGHT, BT AL., DEFENDANTS

[7] Mr. Fawn.

DIRECT EXAMINATION BY MR. FEINBERG:

Q. Please state your name and address.

A. Edward L. Whigham, 1339 Coral Way, Coral

Gables.

Q. Please state your occupation, sir.

A. Superintendent of the Dade County Public

Schools.

Q. How long have you been employed in that

position?

A. I am beginning my fourth year.

Q. Beginning your fourth year as superintendent?

A. Yes.

[8-13] * . * * +

{14} Q. In theory, any student who committed any

infraction of School Board policy in the school, he is

not made to receive, or be, corporally punished; is

that correct?

A. Yes; although I would say, here again, that it

would depend on the specific circumstances involved.

Mr. Feinberg continues reading: }

Q. It is possible that any student, no matter how

minor the violation, would be corporally punished,

based on the sound judgment of the principal; is that

correct?

A. Yes; referring to that hypothetical situation.

Q. There is no list of infractions that will result in

corporal punishment, as opposed to the other forms

of punishment?

A. No.

Q. There are no means, in advance, of determining

what was to be corporal punishment, as opposed to

the other means?

A. No; there is no established

Mr. Fernperc. Page 19, Line 5:

Q. Is it not conceivable that two students 115] who

have violated exactly the same rule in the same way

and the same manner, can receive different forms of

punishment?

A. If you are asking, there again, a hypothetical

question.

Q. That’s right.

A. This may be due to a difference in judgment and

a difference in specific circumstances surrounding the

incident.

Mr. Howarp. That was the witness’ answer?

Mr. FIN RAG. Yes.

Mr. Howagp. Some of this, it is going to be hard to deter-

mine if it is a question or an answer.

The Courr. Do it any way you want to, Mr. Feinberg.

Mr. Fernserc. What I am going to try to do, where it is

obvious—at least to me—that the question and answer is

not necessary, I won’t say it.

If it appears to be confusing, I will try to say it.

Q. Might it also be due to differences in the psycho-

logical makeup of the principal who is [16] making

the decision?

A. Yes; hypothetically, that might be possible.

Q. Conceivably it could be the same principal who

decides two children who violated the same rule would

receive different punishment? :

A. Yes; because of circumstances surrounding those,

there could be a difference.

Q. What would those differences be based upon?

A. I can’t say. They might be based on attitude,

past history, specific time and circumstances in which

it occurred.

Q. You referred to past history.

Is there a requirement, before corporal punishment

is administered, the child’s past history be investi-

Q. How would a principal be able to [17] determin

55 —

treatment if he didn't read all the files or have a

photostatie memory? —

A. If he did not know, he would have to have access

to someone who is acquainted with this child.

Q. You are suggesting it is or it is not School

policy to make this determination in advance?

nr dient ——— 2 *

A. Yes. The principal would a be required tu

have the permission of the parents.

Q. In your opinion, your personal opinion, would

you consider it good educational practice?

A. You are asking me in terms of my personal

judgment, and not the policies covering this?

Q. Yes.

A. I would think a principal would want [19] to

consider a request of a parent, and he would then

have to judge, himself, whether he is going to accede

to that or not.

Q. But there are other alternatives to corporally

punishing a child, other than corporal punishment?

A. Yes.

Q. What do those wiclude?

A. These could be conferences with a student; it

might be having the parent in, or suspending or ex-

pelling the student.

Here, again, there is a wide range of practices

which the administrator might consider.

Q. Is there any requirement imposed on the princi-

pal to employ any of those alternative punitive meas-

ures, or remedial measures, prior to giving a decision

to corporally punish a child?

A. The policy says a principal should consider other

means and generally indicates corporal punishment

should not be one of the first things tried.

It is a general statement and, here again, he would

have to judge this with the specific circumstances with

which he is faced.

20] Q. Would you say a principal would be in viola-

tion of this policy if he did not employ any of the means

of behavioral control, prior to deciding to administer

corporal punishment?

Mr. Fer nBerc. Page 24:

A. General, or one specific case?

Q. I mean in every case.

My question is, if, in any individual case, the princi-

pal, hypothetically, would utilize corporal punishment

as a means of punishing a child before administering

or utilizing any of the alternative methods of behav-

ioral control, would that be in violation of School Board

policy ?

A. I think my answer to the question [21] would

Q. You are entitled to qualify it.

A. I don’t mean by that that the principal can walk

up and just start paddling.

He would have to look at the specific circumstances

he is faced with; but I don’t think he would have to

R pag Pe ong

to judge this in a specific situation.

Mr. Ferneers. Page 25:

Q. The question was whether he would have to em-

ploy any other means, which is a different question.

A. I think, from the time the principal is faced with

a situation, he is considering alternatives in his mind.

I don’t think ——Ä— — t.

spite

Q. In the fact that he actually has not em-

ployed any other means of remediation?

A. Yes.

[22-45]

[46] Mr. FN Ind. I will call Dr. Whigham. Thereupon:

EDWA DL. WHIGHAM was called 12 the

t we are more than a year later after our

last tion. So you have been a school superintendent

about five years now; is that correct?

A. That’s right.

Q. Does the corporal punishment policy make a differentia-

tion between the use of physical force or first restraint and

then corporal punishment as a means of punishment?

A. No. It does

Mr. Howarp. Excuse me, Your Honor. [47] The policy is

in evidence and it is going to say what it says, and I object to

questions to Dr. Whigham asking him to try to interpret it.

Mr. Fernperc. If Your Honor please, in response to that,

the latest revision, the revision that Dr. Whigham was ques-

tioned about at the time of the deposition, made it very clear

that there was a differentiation between physical restraint and

corporal punishment, because they had it under two different

headings. The latest revision seems to combine them.

I don’t believe the policy has changed and I want to estab-

lish there is a difference.

The Court. All right, sir. Overruled. You can answer it,

Doctor. '

The Wirnsss. The policy attempts to make a differentiation

between physical restraint, in certain circumstances, and cor-

poral punishment as such.

By Mr. Fernserc:

Q. So when we speak of corporal punishment, particularly

under the latest provision, we speak of paddling; is that

correct ?

A. Yes.

Q. Under the regulations and the policies, [48] which I

will treat as one, for the purpose of our questioning here,

may a student be paddled if he is currently under the care of

a psychiatrist?

Mr. Howarp. Your Honor, this, again, is either in the

policy and regulations or it is not.

Mr. Fernperc. If Your Honor please, I think the inter-

pretation of these policies is what this case is all about.

The Court. Are you asking the witness to tell me what is

written or are you asking about general policies in operation,

or what is your question?

Mr. Fernserc. I am trying to determine—and much of

my deposition that I read in was an attempt to put flesh on

the bone of these policies and to find out what is permis-

sible, what is not permissible, so that the Court and every-

bedy else has an understanding of what the ish-

„ ewe *

indeed frankiy, I have nothing to hide here—if it

turns out that many things that are occurring in the schools

are allowable, by these policies, or not specifically denied to

ne —— = the school system, maybe these poli-

0 changed and maybe they ought

. You are ing the witn i

— asking witness to interpret the

Mr. Fuxnznd. That is exactly right.

The Court. All right. Now, what is the question?

Mr. Fansere. Not only that, Your Honor, every one of

these questions that I am asking is derived from evidence

1 to pines the witness stand.

er words, are not is of imaginati

2 — figmen my imagination.

Court. It seems to me if the policy sa adult

mu be present, ‘other than the person Ging the

paddling, you don’t have to ask him if that is in the

policy or not, do you?

Mr. Fernserc. If Your Honor please, if you will remember

I would say, in general, the usual sort of problems that

would lead a student to be under the care of a psychiatrist

might be the kind of problems that would not lead the

principal to use [51] paddling. He may not be—he would

have to know the specific reasons.

By Mr. FernsBerc:

Q. What is a cumulative record?

A. A cumulative record is a record kept by the school

which contains information about the student’s educational

progress and career, with certain background information.

It is kept from year to year.

Q. So it is a cumulative history, educational history, of

the student in his progress throughout the schools; is that

correct?

A. Yes.

Q. Is it not also true that it follows the student to the

particular school that he happens to be attending at that

time?

A. Yes; it would.

Q. Would it be available to the principal or other people

in the school to examine at any time? Is that correct?

A. It would be available for him to examine.

Q. Does your interpretation of this corporal punishment

policy require, prior to determination [52] that corporal

punishment will be administered, that the principal examine

the cumulative record of the student?

A. We do not have a regulation that requires him specifi-

cally to examine the cumulative record.

A student would be brought to the principal for corporal

punishment probably by the teacher or someone else. The

teacher is supposed to be familiar with the cumulative record

of the school.

Q. Are you suggesting that in every, or even most cases,

of corporal punishment, the teacher actually brings the stu-

dent down and discusses the prior educational] history of the

student with the principal?

A. I am suggesting that the principal does not initiate the

action; that the action is ini ated from a teacher or some

other staff inember.

Q. That happens in some cases and in some cases the prin-

cipal might initiate it; is that correct?

A. It might.

. initiate:té,

„7 oe in iy aap de ireRten Eee

ool?

A. Right. Students are mostly under the direction of

teachers while they are in school.

Q. There is no formal requirement to examine the cumu-

lative record.

My question to you, sir, is, even if we assume that a stu-

dent’s psychological, psychiatric, or medical condition is in

the cumulative record, if there is no forma] requirement

-that the cumulative record be examined, how is the princi-

pal to know whether or not he should consult with the par-

— physicians that are involved before deciding to

dle?

A. Let me go back. You are making a statement which is

not the same one that I made. You said there is no formal

requirement.

I said there is no formal requirement that the principal

examine the cumulative record. If the teacher recommends

this and the teacher's response is, “I am familiar with the

youngster’s record,” then, of course, he may act on that.

Uf he deee ‘not heey thts information, then he should

There is no formal ——— that [54] principals

Q. So it is quite possible and quite conceivable that a

child could be under this form of treatment unbeknown to

anybody in the school system?

A. It is conceivable that he might be, yes.

Q. If, as you testified on deposition, corporal punishment

may be administered in a rest room or a bathroom, under

certain circumstances, and [55] in front of other students,

what does the phrase in Paragraph 4 of the new revision of

the regulations mean, “that corporal punishment is to be

administered under conditions not calculated to hold the

student up to ridicule and shame”?

Mr. Howarp. Your Honor, I think that is a very drastic

impression of his testimony before on his opinions about

permissible places for corporal punishment.

The Court. I interpret the question to be the following:

“What meaning do you attach to the following sentence?”

Is that what you are asking him?

Mr. Fernperc. That is correct; but I have asked it in the

form of a hypothetical, because I think that the testimony

was quite clear—that is why those questions were asked—

that a child can be paddled in a bathroom; he can be

paddled in front of other people.

The question simply is, taking those into consideration,

what does that provision mean; that he shouldn’t be held

up to ridicule or shame?

The Courr. You can answer the question, [56] sir.

The Wrrness. To not hold the student up to ridicule or

shame means that we don’t want—by this action of corporal

punishment, we do not want that the student be ridiculed

or be made ashamed before his peers and before others.

By Mr. FN RENO:

Q. I’m sorry; I can’t hear you, Dr. Whigham. Not made

what?

A. If you want me to define “ridicule” or shame

Q. I’m asking you, what understanding do you attach to

that if children can be paddled in front of other children

and children can be paddled in a bathroom? What meaning

do you attach to not holding a child up to ridicule or shame?

Mr. Howarp. Your Honor, that is an improper distortion

of what he said. He said, in his deposition testimony that

it would not necessarily be improper to paddle a child, under

some circuinstances, in a rest room, and so on, but he, him-

self, had reservations about it.

I think this question attempts to slant the whole thing the

other way.

(ez) = Covrt. Overruled, | 7

The Witness. In reference to your question about pad-

dling in the bathroom, I have f exact. wording

in response to that, bu. ie

By Mr. Fernserc:

Q. Dr. Whigham, I am really interested—the Judge has

rephrased my question. I am really interested, in your own

— 2 not in the words of the policy, what does it

ean—if you can give an example of what w ridicu

and we agen gs that will help. — .

What does that mean, that a chi

— — : child should not be held up

A. But you have tied your questions to some -

tices of punishment; in the —— and so — *

Q. Those practices, to be ridicule and shame.

A. My response to your question, I believe, in the deposi-

tion was that I would not rule out, under certain eircum-

* meaning of bec wy T* was that I would not

or say a princi never paddle a youngster

or punish a youngster in a rest room. 7

(58) We have 237 schools in Dade County. At certain

times, under certain conditions, the office or some other

place might not be appropriate and a rest room might be

the best available place for a principal or a teacher, who-

ever was authorized, to administer the corporal punishment.

I think, for example, if you want to take one that I would

find very questionable, I could not, offhand, see why a prin-

cipal would be doing it, is if he decided to administer the

corporal punishment in the main entrance to the building,

for example, an action which would be, it seems to me—

unless he can offer a very acceptable reason of why he was

an is would come withi e concept of subjecti i

youngster to shame and ridicule. 8

5 Q. Does the corporal punishment policy, as you understand

it and as you interpret it, authorize physical education

teachers to decide whether to corporally punish, without

prior consultation with the principal, on a regular basis?

A. No, it would not authorize that.

Would you think that the corporal [59] punishment

poliev encomnasses paddling for reasons such as gum-chewing,

standing with one foot on top of another, not dressing out

216-455 O- 76-3

properly, not wearing tennis shoes or wearing dirty under-

wear

Would you consider those appropriate grounds for cor-

porally punishing a child?

A. I believe, if I recall the ones you listed, appropriate

grounds for corporal punishment with the proper procedures

and authorities.

Q. Even with the proper procedures?

A. This, again, would depend on the circumstances. You

are asking me a series of hypothetical circumstances about

practices, and I don't know what kind of situation this oc-

curred in, how much of the defiance of the school people

this may have constituted, and so forth.

In general, I would say no.

Q. Does the corporal punishment policy encompass pad-

dling entire classes for the wrongs of a few?

I will give you a specific example: Let's say a child’s

money is stolen. Does the corporal punishment policy au-

thorize, in your opinion, the paddling of the entire class

because the person [60] who stole the money won't come

forward?

A. No.

Q. Would you consider it appropriate to paddle students

for the sole reason that they failed to learn their lessons up

to the expectation of the teachers?

A. I think the answer to that is no.

Q. Perhaps part of the deposition covered this, but I

would like to ask it more generally:

Would you consider paddling to be excessive or severe if

it resulted in observable injury?

Mr. Howarp. Your Honor, I——

Mr. Fix nd. I think he can answer it. If he can’t

answer it, he can say he can’t answer it.

Mr. Howarp. It seems to me this entire line of questions

about asking the superintendent of schools about what he

personally thinks would be appropriate or inappropriate to

paddle, in hypothetical questions, doesn’t go to any relevant

kind of proof in the Court that we are now trying in this

Court.

Mr. Fernserc. If Your Honor please, [61] in response to

Mr. Howard’s argument, every one of these corporal punish-

ment policies has some statement in words or effect, that

paddling should not be extreme or severe.

Indeed, the previous policy, which has since been amended,

specifically states that the person who is administering the

must be cognizant of the fact that he might be

held personally responsible for injuries which result in his

paddling, and my question, I think, goes to an interpretation

of those provisions.

The Covrr. All right, sir. Overruled. You can answer it,

Doctor.

The Wirness. Could I have the question back, please?

Mr. Fernserc. Mr. Reporter, please

The Covrr. You know what you want to ask him; just

ask him again, Mr. Feinberg.

By Mr. Fernserc:

Q. Does the corporal punishment policy, as you interpret

it, authorize paddling so as to cause observable injury?

A. No; but I would want to say here, of course, when it

says punishment shall not be extreme, [62] severe, or what-

ever the specific words are that are used there, in an admin-

istrative policy and regulations, this would require interpre-

tation.

Q. That is what I am asking you, sir.

A. As you describe the situation, my answer would be as 1

have indicated.

Q. “No”?

A. It would be no; but I am saying this is a matter of inter-

pretation here.

Q. I am not sure I understand you.

Is there some phrase or word that you didn’t understand?

“Observable injury”, I think, is clear.

A. I am saying it is a matter of the interpretation of the

words.

Give me your question again.

Q. Would the corporal punishment policy be violated if a

paddling resulted in observable injury?

A. What do you mean by “observable injury”?

Q. Injury that can be seen.

A. There might be some—in other words, it is possible that,

in certain circumstances, such [63] as a sensitive voungster's

skin or something, that it might produce a situation that the

principal might not know would be produced there.

You are saying “observable injury”, and I am saying, in

general, the answer to your question would be no under those

circumstances.

G. You are qualifying your answer? You are saying if the

principal didn’t know about a special condition, perhaps, that

the student had, and it resulted in observable injury, then

that—am I not right—that you are saying that might not be

a violation of the corporal punishment policy?

A. No. What I am saying is that when you administer cor-

poral punishment you may get a reaction not anticipated, to

the skin of the body.

The Court. The difficulty with the question is the word

“injury”. Sometimes when you paddle a kid, his buttock looks

red when he gets home and the next day it is okay.

Is that an observable injury?

Mr. Fernperc. All right; I accept that, Your Honor.

The Court. Is something a little bit black and blue an injury,

as an example, if it goes [64] away in one day? This is the

difficulty in answering your question.

By Mr. Feix NRG:

Q. Would you think that the corporal punishment policy,

as you would interpret it, authorizes or allows for giving extra

licks, let’s say, to the student, if he cries out when he is hit

or moves the chair that he is leanirg on?

Would you say that is encompassed within the policy?

Would you say that would be questionable practice?

A. | think that would be questionable practice as I under-

stand you to describe it.

Of course, the present policy which the School Board has in

effect, gives the maximum number of licks, to use your phrase.

Q. You already answered this indirectly, I think, the next

question I have.

Would you consider the paddling of tardy students to school,

outside of the main entrance of the building, prior to allowing

them to enter the school, to be a violation of the ridicule and

shame provision of the paddling policy?

A. Paddling a student for being tardy, [65] in the full view

of others, I would say is not consistent with the policy.

Q. Is it not true that the corporal punishment policy pro-

vides that a determination must be made whether or not

paddling will change the behavior of the student? Isn’t that a

part of the policy?

If you want, I can read it to you.

A. Yes; why don’t you read it to me.

Q. I am now reading from the latest revision, and I would

state to the Court that this provision has been virtually un-

changed:

Corporal punishment is generally applied to the

body of the offender or is physical punishment as

opposed to other forms of punishment, and is admin-

istered as a means of changing the behavior of students.

It is, therefore, important to analyze whether or not

this goal will be accomplished by such action.

Do you remember that in the policy?

A. Yes.

Q. My question to you, sir, is, taking that particular require-

ment into consideration, would [66] you consider it a ques-

tionable practice to paddle a student three or four times within

a two-week period?

A. In general, yes, I think it would.

It is not inconceivable to me that it might be done, but

in general I would think that would be a questionable

practice.

In some cases, it may be that administrative judgment is

that this sort of repeated corporal punishment might have

some hope of changing the behavior of that student.

On the other hand, the question can also be raised as to

whether the repetition of the corporal punishment was, in

fact, accomplishing anything in that case.

Q. Do you subscribe to the theory that paddling should

continue in the schools because—and now I am quoting, sir,

from the May 22, 1969 report, entitled, “Reaction of Junior

High School Principals and Faculties to Prohibit Corporal

Punishment at These Levels”.

Would you subseribe to this statement which is a

quote

2 Howarp. Excuse me. Are you going [67] to introduce

that :

Mr. Fernserc. No; I am going to question him about it.

By Mr. Fernserc:

Q. “At times unadulterated fear must be induced to pro-

vide some behavior controls, This, of course, is not the theo-

retical ideal, but at times it is absolutely essential, if any

reasonable school climate for learning is to be maintained.”

Do you think that is a good reason; “unadulterated fear

A. I would not use the phrase and would not agree with

the term “unadulterated fear’. *

Q. Yet, in this compilation, which I will show you, it was

cited in support of continuing the policy.

A. I would have to study their report. It has been some

time since I have seen it, and I think this might be the

quotation of a particular individual’s statement, not repre-

sentative of the general administrative view, or certainly

not an official viewpoint.

Mr. Howarp. I am not sure he was able to finish his

answer.

[68] Mr. Fernperc. Im sorry.

Mr. Howarp. You didn't let him answer as to the com-

plete statement.

The Court. Finish your answer.

Mr. FMN. Your Honor, I'm sorry; I didn’t hear you.

The Court. I said, let the witness finish his answer.

The Witness. I would not use the term “unadulterated

fear that is used in that particular person's statement, who-

ever it may be. It is unidentified there.

I think corporal punishment is viewed by many school

personnel, administrative people, and instructional people, as

a technique that may be used for control of—social control,

in a school situation. But to use the phraseology or termi-

nology, “unadulterated fear’, I would not agree with.

By Mr. Feinperc:

Q. You have familiarity with this report; is that correct?

A. It is a report of some several years ago, and I don’t

readily recall the details and the circumstances of it.

469] Q. But you reme:nber the report was prepared; is

that correct?

A. Yes; and I can’t even recall why and under what

circumstances it was prepared.

Q. Do you recall whether or not any attempt was made

to find out who made that statement and to question the

principal who made that statement?

A. I don't recall, at the time, whether any attempt was

made to find that particular person and question him about

his terminology that he used there.

Q. If I had a principal on the witness stand now who

made that statement, would you be kind enough to question

him about the use of corporal punishment in his school, if

he came out and said, “I use corporal punishment to create,

unadulterated fear in my school, and it is necessary, to main-,

tain discipline in my school“?

A. If I had knowledge that the principal was making that,

1 would want to know something about the circumstances

and so fe th, that I would want someone to raise a question

with him about what he means by that.

70] Q Getting back to the interpretation of the policy

and the regulations, as you interpret the policy, is there any

requirement that a person who is dispassionate and un-

familiar, personally unfamiliar, with the events to the pad-

dling, make the decision to paddle?

Is there any such requirement?

A. My answer to that would be yes. It is not in the

terminology of the words you are saying; you say “dis-

passionate”, and I have forgotten the other words you used.

Q. What I am really getting at—and I will ask it in a

different way—ien it true that this policy authorizes a

principal who has, himself, observed the alleged wrongdoing,

to administer the paddling and decide it should be

administered ?

A. It could, under some circumstances, yes.

Q. You say, “under some circumstances’?

A. The ones you have just specified in your question; he

is the one that observed the misbehavior and, therefore, he

decided 60 act.

Q. There is no restriction on a principal deciding and

administering the paddling when the [71] principal has,

himself, decided that he has seen the person «+ the child

doing something wrong? There is no requirement he consult

with somebody else, is there?

A. No, there is not a requirement that he consult with

someone else.

Q. You mentioned before that the number of licks allowed

has been limited according to whether you are elementary

school, junior high school or high school?

A. In the current policy; that is correct.

Q. What provision is there, or what way is there, either

in the policy or that you know of, to insure that those limits

are adhered to?

A. It is a provision of the policy that the principal is to

keep a log on the cases of corporal punishment.

Q. How do you have any insurance that the log is going

to be maintained accurately? Is there any way of assuring

that?

A. Yes; by the administrative staff under whom that

school works, which would look at that log.

172] Q If the principal didn’t write down a paddling that

took place, there would be no way of knowing such pad-

dling took place?

A. That's right; if he wanted wo falsify the records, then

he could do so.

Q. Indeed, there is no real way of knowing that any of

these requirements are adhered to; any of these regulations,

the ten or so?

A. I would have to say my answer to that would be no.

Q. Isn’t it true that there is no formal requirement and

it is not the practice to inform the student population of

these regulations?

A. No. I think the answer to that is no.

Q. What requirement is there?

A. The requirement to interpret to the staff and students

what the rules and regulations of the school are.

Q. Where is this written?

A. It is written in—I think implied or written, in a num-

ber of places in our policies.

Q. Are you suggesting it is the policy of the school system

to inform the students, “When you are paddled, you will

receive only so many licks; [73] and a determination must

be made by a principal; you are not allowed to be paddled

by anybody other than the principal“?

A. I think the principal would need to interpret those

policies and regulations to his staff and to his student body.

Q. Im not asking you about the staff, sir; I’m asking if

you have personal knowledge of the fact that students are

informed of these policies.

A. I evs'd not have personal knowledge of what goes on

in 237 sch .

Q You t point out any regulation which said that

these particu.ar policies—corporal punishment policies and

regulations be posted in the school any place, or be distrib-

uted to the students? as

A. No; we do not have regulations requiring them to be

E Inn it e fact—and T would be happy to show you the

icy and regulations for the purpose of this question—tha

eae objective or subjective, or combined objective and

subjective, determination to be made by the principal be-

fore he decides to paJdle a student, is whether or not it will

change his behavior?

these policies relating to the determination of whether a

paddling should take place, is the determination by the prin-

cipal of whether or not the paddling will change the

student’s behavior, and that is considered an important

requirement? ;

The word “important” is written in. ade"

A. I think the answer to what you are saying is yes, as I

CROSS-EXAMIN ATION

. Howarp: “

i in the portions of the [75] deposition

read, and the questions that were asked by Mr.

Feinberg, there was very slight reference to your background

and educational employment, and I would like to amplify

that a little bit.

You have been superintendent of schools for five years

now in Dade County?

A. I will have to count them up myself. I came in 1968.

Going on five years, Mr. Howard. Soon, before too long, it

will be the end of the fifth year.

ivy

Q. Could you briefly teli the Court your educational

background? |

A. You mean collegiate preparation?

Q. Yes; your collegiate and graduate work and degrees

which you hold.

Mr. Fernserc. For the record, I would like to object to

this examination, because I think it goes into, perhaps, the

question of qualifying Dr. Whigham for testimony that Mr.

Howard would want to submit in defense of this suit.

The Court. No. You have asked him for many opinions

and this goes to the Court weighing it, deciding what weight

should be given to the opinions. It is proper questioning.

76] The Wirness. My Bachelor's Degree from Emory

University of Georgia; Bachelor’s Degree from the Uni-

versity of Georgia; Doctorate from New York University,

Doctorate and Ph. D. Bachelor and undergraduate degree in

political science.

By Mr. Howarp:

Q. Would you briefly detail your employment experience.

then, as an educator?

A. I was initiaily, in education, a teacher. Then, following

that, assistant principal, a principal; then I was an assistant

superintendent of schools for a number of years and then

was superintendent of schools in Oak Ridge, Tennessee prior

to coming to Miami, where I came as a deputy superintendent

of schools and then became superintendent.

Q. Was corporal punishment, or the authorization for the

use of corporal punishment, a generally prevalent technique

of pupil control in the various school systems in which you

have been employed as a teacher or as an administrator?

A. I am hesitating on your words, “generally prevalent”.

Q. I am not asking you about the prevalence of its actual

use.

77] A. You are not asking about its use?

Q. Was it authorized in the various schools?

A. By policies, yes. In the school systems, I believe. in

which I have worked, it was permissible, by policy, to ad-

minister corporal punishment.

Q. You gave the figure of 237 schools in the Dade County

Public School System?

A. Yes.

Q. What is the student population now in the Dade

County Public School System?

A. The student population, at this time, is somewhere

between 240,000 and 243,000 students. That is elementary

and secondary schools. It does not include adult programs

and so forth.

Q. What is the total personnel population in the school

system, of both teachers and administrators?

A. You mean teachers and administrators?

Q. Yes.

A. Because there are other employees.

Q Leaving aside non-instructional, maintenance, carpen-

ters, and such.

[73] A. The figure is somewhere around 12,000.

Q. What is the size of the Dade County School System as

compared to other systems throughout the country?

A. Size. in terms of student enrollment—which I assume you

are referring to—would make us the sixth largest school sys-

tem in the United States.

Q. Would you explain to the Court, in general terms, your

duties and responsibilities as superintendent of the school

system? What different problem areas do you oversee in the

superintendent’s job?

A. IJ hope some of them aren't always problems.

The superintendent of schools in the Dade County system

has a number of duties that are assigned to him by law,

statutory.

Mr. Ferneerd. Your Honor, for the sake of brevity, I would

stipulate that Dr. Whigham is the chief administrator. officer,

of schools, and I think the Court can take judicial notice of

the fact that he exercises executive duties in accordance with

his powers in his job.

To go into every detail of what [79] his position is, I think is

a waste of the Court’s time. |

Mr. Howarp. I am not going to go into tremendous detail,

Your Honor, but I think the scope of his responsibility goes,

not only to his qualifications, but it also serves to put this issue

of corporal punishment somewhat in perspective, from the

standpoint of the operation of a school system of this size.

The Court. All right, sir. Overruled.

By Mr. HOWARD:

Q. You may continue.

A. In general terms, a superintendent would be responsible

for assisting the Board in the formulation and issuing of basic

policies and regulations for the operation of the school system,

in making basic resource allocations for general oversight of

the administration of the school system.

There are areas of operation which are administered from

the county level; personnel service in the school system; the

physical plant systems in the school system; the financial

services, the transportation system, food service, and so forth,

in our [80] school system is divided into six geographical areas

and we have an area superintendent under whom the various

school units operate, and the responsibility of the superin-

tendent is the overall supervision and coordination of those

services.

Q. Then your duties go considerably beyond just the over-

seeing of curriculum formation and the presentation of curricu-

lum studies in the school, I gather?

A. Yes. The development of educational programs, instruc-

tional policies and regulations, basic program structures, of

course, is one of the functions.

We have a department under—at the county level and, of

course, that is also a responsibility area at the school level,

but it includes the other functions, financial—the total opera-

tion of the school system.

Q. What is the current annual budget of the school system.

Dr. Whigham?

A. If you include the current expenditure for capital pur-

poses our annual budget would be $275,000.

[81] Actually, the budget, by the time the fiscal year is

over, we will get close to $300,000. It is because you amend

in certain portions of the budget. So $275,000 to $300,000

would be the budget.

The budget increases during the year, during various con-

tracts, and appropriations are amended into the budget.

Q. From the standpoint of the pupil in the school system,

your responsibilities at the top of the administrative heap

include curriculum—general overseeing of curriculum?

A. Yes; in the educational programs, curriculum, if you like

to use that term.

Q. The provision of the physical plant, the school’s

equipment?

A. Yes.

Q. The provision of personnel, teaching personnel, and

administrators in the schools?

A. Ves.

Q. Purchasing?

A. Purchasing, yes, is one of the functions that is under our

general administration.

Q. Transportation?

[82] A. Yes; transportation.

Q. — — — degs.

A. I don't think of those two terms as being synonymous,

but yes.

Q. The provision of health and food requirements;

lunches, clinical care?

A. Food service, yes.

The health services we provide, Mr. Howard, are health

services provided through the County Health Department in

the schools. It is a cooperative arrangement.

Q. In this total picture, I want you to discuss now the

question of pupil discipline and purposes and needs for dis-

cipline among the pupil population of the schools.

Why is it necessary, in the first place? What purpose does

discipline in the school serve?

Mr. Fernserc. If Your Honor please, I really think this

is way outside of direct testimony in this case. I limited my

testimony to paddling and corporal punishment.

The Court. What difference does it make, as a practical

matter? You have one judge, no [83] jury, and it may well

be that he is exceeding the direct and it might be that the

witness may not have to stay here all week, or come back. I

don’t know.

Mr. Howarp. That is one purpose I am trying to serve, to

not have to do this in two or three pieces.

The Court. You can ask the question. Maybe the biggest

objection would be that if you are exceeding cross, then you

should not lead or cross examine, but rather ask direct

questions.

Mr. Fernperc. I really have no objection to these ques-

tions in the abstract.

The Court. Treat him as your witness when you go be-

yond cross.

Mr. How. All right, sir.

By Mr. Howarp:

Q. Do you remember the question, Doctor?

A. Yes; discipline in the school: For the purpose of estab-

lishing what we call a climate—we use that term—that is

conducive to learning and for the control of the behavior of

students and students in groups at the schools, so thet the

purposes of the school can proceed.

Is part of this the example or teaching [84] to students

about the existence of external standards or rules? Is that

part of the discipline picture?

Mr. FEIN BERG. Your Honor, I am going to object. That

is a leading question and I don’t think it is appropriate.

If there was ever a leading question, that is it.

The Court. Sustained.

By Mr. Howarp:

Q. Dr. Whigham, assuming the need for an orderly climate

for learning and order in the schools, which I think you

mentioned, what different methods are available within the

school system now for maintaining order and discipline and

good behavior in the schools?

A. Let me get at some basic things which I think are very

relevant here and are a part of it. As a matter of fact, I

think some of our publications indicate it, or certainly our

statements do, that the first, most basic thing, in terms of

creating order in the school and behavior of students, is an

adequate instructional program; placing a student in one of

those programs which is suited to his needs.

The quality of teaching in the classroom [85] and the

quality of instruction is a very important aspect of con-

trolled student behavior.

In terms of the kind of practices or provisions that schools

have made in controlling the behavior of students—we are

talking in the broad dimension here—we have tried to

emphasize the providing of students with a right to partici-

pate in the life of a school.

Q. How is that done?

A. In any number of ways; in student government,

through participation of student activities. Secondary schools

have been asked, for example, to set up specific committees

that get at some of the current problems and concerns in

the schools, and to have students’ participation on those.

There are other kinds of ways of working with students,

groups of students or individual students, where there is a

problem, such as conferences with them, conferences with

their parents, having the assistance of some of the specialists

where we have them on the staff, visiting teachers, psycholo-

gists, or referral to another agency, again, where that is

available.

It is a matter of having conferences [86] with the prin-

cipal or assistant principal.

The assistance of the guidance people is a part of this,

although we don’t see them as being responsible, per se, for

discipline; the whole of the guidance, all of these are part

of controlling the behavior of students at school.

There is also a School Board policy which permits the

suspension and expulsion of students, if that is determined

advisable.

Q. Do the PTA’s and parent groups enter into this picture,

also, in terms of methods of controlling student behavior?

Mr. Fernsperc. Excuse me; I didn’t get your question.

The Court. Does the PTA busy itself helping control

discipline in the schools?

The Witness. Well

Mr. Fernserc. If that is the question, I have no objection.

The Wrrxrss. I think that works formally and informally.

Some of our policies prescribe that parents shall be involved.

For instance, the school dress; parents shall be involved

in. the deliberation of [87] this.

Some of our other practices require that there be parental

involvement. In addition to such formal means as that, I

am sure it feeds back to the school officials, the teachers and

principal and so forth, informally from parents, who are

certainly a part of this.

By Mr. Howarp:

Q. Are curriculum adjustments made, from time to time,

with particular students, to attempt to help with behavior

problems? Is this a standard technique? ,

A. Yes. This is to be looked at as whether this youngster

is properly placed in the instruction program from the stand-

point of both the particular instruction experience being

ofered him in the class or curriculum to which he is assigned,

pius the possibility of shifting this youngster to a program

which more nearly meets his interests and needs and to the

extent that we have resources to do it, yes.

The answer to your question is yes.

Q. I think you mentioned, in your direct testimony, that

one of your responsibilities is to formulate and propose

policies and regulations to [88] the School Board for

adoption!

A. Ves; or to be the person who heads up this process.

Q. You oversee the process of the formulation of the

policies?

A. Yes.

. Are ere various policies enforced, bearing on student

behavior and discipline within the schools?

A. There are, and from time to time we have issued

publications that summarize—not summarize, but list those,

and indicate the reference to them, or as far as the adminis-

trative staff, each member of the administrative staff, each

principal, each head of a department or office of each school

have a copy of Board policies and regulations; but we have

issued publications.

Q. Can you enumerate some of the policies, and if you

have material that you want to refer to to help you, you

can do so; the policies which have to do with student be-

havior and student discipline?

A. Policies relating to control of student behavior on

buses; policies in reference to field trips; policies in refer-

ence to dress; policies in [89] reference to the relationship

between law enforcement officials « 1 the school and the

student while he is at school.

Policies requiring that certain kinds of committees be set

up in schools and certain steps be taken toward the control

of conduct at school.

Policies on suspension and expulsion. Policies on corporal

punishment.

Policies of this type.

Q. The policy, then, and regulation, on corporal punish-

ment is one of these various techniques or written policies

which are available to the school staffs?

A. Yes.

Q. With reference to the policy and regulations on cor-

poral punishment, is this reviewed and revised, from time to

time? Has it been so developed?

A. There is no requirement—I think my answer to your

question is yes, but I would like to respond to it.

There is no requirement that they be, at a specified in-

terval, reviewed. Because of the concern of school behavior

and conduct of students, in recent years it has been revised

numerous times.

[90] Q. Is this true of other policies and regulations relat-

ing to student behavior and control?

A. It would be true of all policies and regulations.

Q. Dr. Whigham, you were asked a number of questions

about your opinions on corporal punishment, and I want

to ask you just a few more.

How do you see the role of corporal punishment in the

school system today? What is its place? What is its proper

function, as you see it, for the availability of corporal pua-

ishment as a technique?

A. Well, I think there are strong differences of opinion,

even among professional educators, about the use of cor-

poral punishment.

It is a technique which is available to staff members, under

the Florida law and under the School Board policies and

regulations.

Staff members feel it is a useful technique under certain

circumstances.

I am not sure I am being responsive to what your question

is.

Q. Do you, or does anyone else, as far as you know, within

the educational circle, recommend it [91] as the prime and

only technique for controlling student behavior?

Mr. FH d. Your Honor, I object to the very gener-

alized nature of that question. He says, “does anybody”, and

that is pretty general.

The Covrr. You can answer that question. Overruled.

The Wirness. Well, I was going to say, Mr. Howard, I

can’t say what everybody—which is what your question im-

plies—in education may think about this.

It is not my general impression that educators generally

would find the use of corporal punishment as you indicated.

As a matter of fact, quite the opposite; that they would

not find acceptable the indiscriminate use of corporal

punishment. ,

I would use the term, “indiscriminate” to describe—to be

the same as the adjectives that you just used to describe it.

216-455 O+ 16+ 4

By Mr. Howarp:

Q. What are the relative advantages and disadvantages, or

the considerations, to be taken into account by school ad-

ministrators, as between the [92] administration of corporal

punishment and suspension or expulsion of a student? What

factors are involved in that decision?

A. I think the administrator, in deciding whether he was

going to use one or the other—here, again, we have a hypo-

thetical question, and I always want to give the responses—

it depends on the specific circumstances; but I think, in

the first place, he would need to determine first the other

means are not useful or have not succeeded, the other means

available to him to have control or to secure proper be-

havior, desirable behavior, as he would find it in that situa-

tion, from the student.

With reference to the two that you specified there, sus-

pension or expulsion versus corporal punishment; suspension

or expulsion would terminate either temporarily or for a

longer period of time, the education of the youngster, and

he needs to weigh that step, which is a very serious step,

against whether the corporal punishment would, in fact.

bring some improvement in the situation; whether it is a

useful procedure or technique with this particular youngster

and that particular situation.

If he concludes that it is not and [93] the other means

are available, then he might want to turn to suspension and

expulsion.

Am I responding to your question here?

Q. Corporal punishment leaves the student in school,

right, as opposed to suspension or expulsion?

A. That is the idea behind it, yes.

Q. Assuming that corporal punishment is to be used in

a given instance, is it desirable that the punishment be given

as quickly as possible after the offense?

A. Yes; as a general principle we have found that is

desirable.

Q. What are the reasons against a delayed period of any

significance between the misconduct and the administration

of corporal punishment?

A. Primarily to keep

_ Fernperc. If Your Honor please, I am going to 0

Pe this question. I think it calls for an answer from an

expert psychologist, and I don’t think the doctor is qualified

as such to answer this question, particularly since the policy

talks about anxiety, which is a psychological term. a

The Courr. We don’t expect him to [94] testify in the

area of psychology, but I think he can answer the question.

1122 To keep the youngster from building up

undue concern in his mind about the impending punishment;

to keep from coping with this over a long period of time;

the idea is to go ahead with the punishment, as in the terms

indicated * 9

B . Howarp: :

Q. sae opinion, would it be desirable or functional

to post a detailed list of infractions for which corporal

punishment could be administered, with a list of how many

licks for each?

As an educator, how does that idea sound? *

A. Vou are asking me for my judgment, and my answer

that would be no.

5 ot? a Sait

r ™ — of posting a detailed list in that trying

t a list that is exclusive, that becomes exclusive in

2 of human behavior and behavior of students at school,

I would not favor the particular list and posting a list.

I think it tends to remove—certainly [95] is a — in

removing any judgmental aspects. I think the judgment does

ed to t to the situation. ö

* Would it be desirable or functional to require a ~~

or stylized hearing procedure Rs — instance, before the

administration of corporal punishment . .

A. We have not felt it was desirable to require ——

assuming you are referring to some sort of administrative

xy = sort of procedural steps — to what we now

ide for suspension hearings, for example.

Tt think this would require more time; would —

more personnel to be involved and 80 forth, that it ——

lengthen the time, for instance, if it was determined —

punishment was to be administered, it would lengthen

time before the punishment was administered.

Q. You are referring back to the student’s concern, then,

or worry, which you mentioned before?

A. I would consider that would not be desirable to prolong

that period of time.

Following that, then, obviously the [96] way the policy

and regulations now require the principal to make the deci-

sion for administration of corporal punishment involves some

delay, as opposed to the teacher administering the

punishment.

Summarily, in view of your last answer, what is the

desirability of having the principal pass on making these

decisions in each case?

A. The law provides, if I recall, I assume the thinking

behind that provision was not to give

Mr. Feinserc. Your Honor, I object to assuming the

thinking.

The Covurr, Sustained.

By Mr. Howarp:

Q. What is your opinion, your judgment, on the desira-

bility of having the principal be the one who decides on

corporal punishment?

A. There is one person in the school that is passing judg-

ment on the total practices of the school, and also so that

that decision is not made solely by a teacher in the school;

but the teacher, in order to have corporal punishment admin-

istered, would have to consult with the principal, would have

to have the judgment of the principal himself involved.

[97] Q. Mr. Feinberg asked you some questions intended

to suggest that there was no way that the policy and regula-

tions on corporal punishment can be enforced, so to speak,

within the schools.

Is it not a fact that the policy requires the presence of

an adult witness when corporal punishment is to be

administered?

A. The policy specifies that, yes.

Q. It does require that a log be kept of each corporal

punishment?

A. The present policy does specify that, yes.

Q. If the principal, or any other member of the staff,

violates these policies, would there be grounds for dismissal

or for proceedings for dismissal?

Mr. Fernserc. I object to the leading nature of that

def withdraw the objection

I w the ( a

The Wrrness. If any violation of the policy would require

that, we consider that and take some action with reference

to it. It might or might not lead to the particular action

that you mentioned.

os Bowell I have no further [98] questions.

REDIRECT EXAMINATION

By Mr. Fein :

Q. When you testified to a number of alternative methods

of dealing with disciplinary problems in school—you just testi-

fied to that?

Ves. .

8 7 punishment is merely one in the arsenal that is

available to the school system dealing with disciplinary prob-

lems; is that right?

A. Yes. A

Q. Isn’t it true that the ome 3 a is gen-

considered a last-resort plinary measure 2

A that the terminology used in several of the editions

corporal punishment policy?

1 * — — is — This term, as I would under-

stand it, does not mean that every other means must, in every

circumstance and with each individual case, be exhaustively

used. It means that it is not to be considered the sole means

iscipline in the school.

4% Walt 1 You are saying, on [99] the one hand it

doesn’t mean that all other ape be used. On the

hand, it doesn’t mean it is the sole means.

3 it mean that it 1 be considered the first?

len't that the general meaning of it !

1 No, I would not say 2 1 “my say no, in every cir-

cumstance it does not mean it cannot be.

. I didn’t ask you in every circumstance. I said generally

it suggests at least it shouldn’t be the first. Isn’t that a fair

statement?

A. It depends on what you mean here. If you say it generally

means where it cannot be, then the answer to your question is

ves.

Q. Do you attach any significance to the fact that that

particular phraseology—and I will quote it from the 8/5/70

revision, the second paragraph Corporal punishment may

be used in the case where other means of seeking cooperation

from the student has failed.”

We find that particular phraseology in both the third and

fourth revision. Quoting, now from the fourth revision, “Cor-

poral punishment may [100] be used when other means of

seeking cooperation from the student has failed.”

We find that in the last revision that language, even in

substance, has been deleted.

Is there any significance to the fact it has been deleted?

A. Yes; I think there is significance to the fact that it has

been deleted. It was deleted because of the request of organi-

zations, of staff members, particularly the classroom teachers

association and others, who questioned whether the other

terminology might not lead to an interpretation of what was

not meant; precisely the point you are getting at today.

If I recall those discussions and debates at the time that that

change was made, they particularly wanted to eliminate the

“last-resort” phrase in the policy.

Q. Are you familiar with the National Educational

Association?

A. Yes.

Q. Can you describe for us what the National Educational

Association is?

A. The National Educational Association [101] is an organi-

zation of educators in this country now confined largely to

the classroom teachers.

Q. Isn’t it true that recently the National Educational Asso-

ciation came out with a long, detailed history called “Educa-

tional Psychological Report“, condemning the use of corporal

punishment in the schools and urging that it be phased out as

quickly as possible?

A. I would not be able to respond to your question. I am

not familiar with your report.

Q. Are you familiar with the report about which I speak?

A. No. I said I am not familiar with that report.

Q. Hopefully for the last time; getting to the question of

who makes the determination as to who gets paddled, isn’t it

fact that not only is it required by the School Board policy

that the principal be the one to make the decision, but the

only mention of corporal punishment in state law—at least

the only one that I can find—refers specifically to the fact that

teachers should not paddle students without the prior consent

of the principal?

Are you — with that? There [102] is a state statute

spelling that out?

A. I can’t quote it. I don’t recall it.

Q. You suggested that violations—you stated, in fact,

that violations—on cross-examination—that violations of

School Board policy would result in administrative inquiry.

I think Mr. Howard asked you whether it would result

in dismissal and you said it would at least result in some

kind of inquiry; is that right?

A. It does not automatically lead to dismissal, but it

would lead to an administrative inquiry.

Q. If violations of School Board policy are found to have

been perpetrated by an administrator, then I assume some

action may be taken; not necessarily dismissal, but some

action?

A. Actions which are available to us by law or policy, yes.

Q. Do you know whether or not any action whatsoever

was taken against those persons who paddled James Ingra-

ham on October 6, 1970?

A. Yes. If I recall, and I don’t recall the specifics—exact

details may not be right there 103] there was an inquiry

or objection to that incident by the area office, I believe on

two occasions.

Q. Do you know what the findings were of that area

office?

A. No, I cannot give them to you; but I believe there was

a reprimand, a letter of reprimand, placed in the file of the

principal.

Q. Did Mr. Wells make the inquiry; do you know?

A. I can’t say.

Q. Do you know if any administrative action was taken,

as a result of the several paddlings which occurred in the

month of September, late September and October 1970 to

Roosevelt Andrews, the other plaintiff in this case?

A. I can’t answer that precisely. I believe—I have for-

gotten whether the investigation—I don’t know. Mr. Fein-

berg, whether it pertained to several cases or one case.

Q. You don’t hold any kind of degree in psychology, do

you?

A. No; I’m not a psychologist.

Q. You would agree—at least you did in your deposition—

that there are certain circumstances, 104] certain psycho-

logical factors, that go into paddling students, aren't there?

If you want me to remind you of your testimony

A. I want to explain psychological factors is a term used

in one sense. Are you talking about an exact determination

by a psychologist? That is another matter. But psychologi-

cal factors, yes.

Mr. Fernperc. That's all. No further questions.

105-107]

108] AFTERNOON SESSION

[Thereupon, the trial was resumed and the following pro-

ceedings were had.]

The Court. Who is next?

Mr. Fernserc. I would like to call James Ingraham.

Thereupon:

JAMES INGRAHAM was called as a witness in his own

behalf, and having been first duly sworn, was examined and

testified as follows:

DIRECT EXAMINATION

By Mr. FIN BERG:

Q. Please state your name.

A. James W. Ingraham.

Q. Where do you live?

A. 9221 Northwest 16th Avenue.

Q. How old are you?

A. Sixteen.

Q. Who do you live at that address with?

A. My parents; mother and father.

Q. Who else?

A. My brother and sister.

Q. How many brothers and sisters do you [109] have who

live at that address?

A. Yes.

Q. Where did you first start going to elementary school?

A. Gladeview.

Q. Is that in Dade County?

A. Yes. a

Q. Did you go to any other elementary schools in >

County?

A. No; not that I can remember. 2

Q. What school did you go to after Gladeview!

A. I was in junior high; Madison Junior High.

Q. Let’s talk about Gladeview for a minute: Did you ever

receive a paddling at Gladeview Elementary School?

A. Yeah.

Q. Do you remember what grade that was in, about?

A. Which one are you talking about?

Q. Excuse me

[110] A. Board or a paddle?

Q. I didn’t understand. I am asking you if you were ever

paddled at Gladeview Elementary School.

A. Yes.

Q. More than once?

A. Yes. om

Q. Do you remember in what class you were paddled’

A. Yes. :

Q. What grade?

A. I was in the fourth, going on the fifth.

Q. Do you remember who your teacher was?

A. Mr. Curry.

Q. Do you — the reason why Mr. Curry paddled

vou? f .

A. To going to tell the time. If you don’t tell the time —

if you don’t get the chance, then they will paddle you.

Q. What location in the school did he paddle you?

A. In the classroom. :

Q. Were the other students present in the classroom when

you were paddled?

111] A. Ves.

Q. Were you the only one that he paddled because you

couldn’t tell the time?

A. No.

Q. How many others did he paddle for reasons such as that?

A. Lots of people.

Q. Lots of other children in the classroom?

A. Yes.

Q. You specifically remember that?

A. Yes.

Q. Do you remember if Mr. Curry paddled students for any

other reason other than not being able to learn?

A. Yes; they get their name written down on the board for

talking.

Q. He paddled for talking?

A. Yes.

2 — ever get paddled by Mr. Curry for talking?

A. Yeah.

Q. Did he ever take you to the principal’s office?

[112] A. No.

Q. Where did he have the paddle?

A. In his room.

Q. Do you remember where it was? Can you picture the

room and where the paddle was?

A. By the desk, on the blackboard.

Q. Where would he paddle the children in the room? Any

specific place in the room?

A. Up by his desk. Sit down and turn this way and they face

that way.

Q. Did he call the children up to the front of the room? Is

that what you are saying?

A. Yeah, or else stand up.

Q. Did the paddle hurt; do you remember that?

A. Yeah.

Q. Did you ery?

A. No.

Q. Excuse me?

A. I held it in.

Q. Do you remember if any of the other children cried. in

Gladeview?

A. Yeah.

Q. Do you remember any other paddling in [113] Glade-

view Elemen: School that you received or that you saw?

A. Yeah.

Q. What?

A. My PE teacher.

Q. By the PE teacher in Gladeview?

A. Yeah.

Q. Are you certain it was in Gladeview?

A. Yeah.

Q. Tell me about that. Why did the PE teacher paddle you?

A. I got paddled—it was my job to bring in the balls and I

forgot to bring them in, so I got paddled for that.

Like if you fight out there, you get paddled, or don’t get in

line and playing around in line, you get paddled.

Q. Were you paddled for all those reasons?

A. I just got paddled for leaving out the balls.

Q. For not doing your job?

A. Yeah.

Q. Did you see other people paddled for those other reasons?

114] A. Yeah.

Q. Do you remember his name?

A. Mr. Lawrence and Mr. Stewart.

Q. Two PE teachers.

Do you remember what grade that was in?

A. Sixth, fifth and fourth.

Q. Where did they get the paddles from?

A. I don’t know.

Q. Can you picture where they obtained the paddles when

they paddled you?

A. You mean out there? They have them on their desk.

C. The PE teachers had their paddles on the desk?

A. Yes.

Q. Do you recall whether or not Mr. Lawrence and

Mr. Stewart ever consulted with the principal before paddling

anybody?

A. No. |

Q. Did he ever take you to the principal before he paddled

you?

A. No.

Q. Did you ever see them remove any of the other stu-

dents from the PE room or the PE field [115] and take

them away to the principal?

aa — ey them, sometimes. Like if they keep fighting

eee

d. This d both Mr. La

in the fourth, fifth or sixth grade, > that — aes

A. I see Mr. Curry beat a teacher—I

Q. Who? mean, beat students.

A. Mr. Curry.

Q. You already told us about Mr. Cu Y

addition to what you have told us? 9

A. Uh-huh.

Q. Tell me about that.

A. Like you passing by the room you

1 you see him beating

) Q. In other words, you would pass his room and look in:

is that what you are saying? ‘

[116] A. Yeah.

Q. Do you have any other llecti

Gladeview? y recollection of paddlings in

A. I got hit by a book.

Q. Who was holding the book when you were hit by it?

A. The principal.

Q. Where did he hit you?

A. On my butt.

Q. Do you remember the reason for that?

A. No.

Q. You say you went to Madi 7

that right? ison Junior High School; is

A. Yeah.

Q. What grade did you start Madison at?

A. Seventh.

Q. Did you ever receive any paddlings at Madison?

A. Yes.

Q. Do you recall specifically any paddlings?

A. Being late. = 1

Q. For being late to class?

A. Yeah.

[117] Q. Where would you get paddled at Madison?

A. In the assistant principal’s office.

Q. Who would do the paddling?

A. All of them. The man named Mr. ——

Q. Tell me what position they held in the school, if you

know. Were they principals, teachers, assistant principals?

A. All of them was assistant principals.

Q. How many were there?

A. Three.

Q. Were you paddled by all of them?

A. No; only by one.

Q. Do you remember his name?

A. Mr. Albert.

Q. Mr. Abbott or Albert?

A. Albert.

Q. Were you paddled by him more than once?

A. Yeah. ;

Q. Do you remember how many times?

A. Not exactly.

Q. Can you give us an estimate?

A. About three or four times.

Q. Were they all for being late?

[118] A. Naw; about two for late—two or three. Yeah,

about three. Naw; two for late, one for fighting and one for

getting accused for a stolen bike.

Q. Let me ask you this: You say you were paddled in

somebody’s office; is that right?

A. Yeah.

Q. Whose office was it?

A. Mr. Albert’s.

Q. Do you remember—think back—do you remember any

of these paddlings specifically and who was present when you

were being paddled?

A. Just Mr. Albert.

Q. On every one of these occasions, only Mr. Albert was

there?

A. No; when the lady was there whose son or boy had

stole his bike, she was the only one present then when I

got paddled.

Q. Tell me about that. You say you stole a bike?

A. No. Alvin stole it, a friend of mine.

Q. How did you wind up getting paddle 7

A. Somebody saw me and him on it, so we were called—

they called us into the office the next [119] day and we got

a paddling for it.

Mr. Albert said she could have pressed charges against us,

but she d in’t. She wanted us to get punished, so we got a

paddle.

Q. You say this was in the seventh grade?

A. Yeah.

Q. That was the 1969-70 school year; is that correct?

A. I don’t remember.

Q. I want to go over it again.

You specifically remember this paddling for the stolen

bike?

A. Yes, sir.

Q. I want you to think carefully and tell me exactly who

was present in the assistant principal's office.

A. Mr. Albert, a lady and her son and Alvin and me.

Q. No other adults were there?

A. No.

Q. Was the principal there?

A. No.

Q. Were you taken to the principal before you got a

paddling?

[120] A. No.

Q. Do you remember how many licks you received?

A. About five.

Q. Did they hurt?

A. Yeah.

Q. Was Alvin paddled?

A. Yes.

Q. Do you remember now many licks he received?

A. About ten.

Q. Did he ery?

A. Yes.

Q. Did you ery?

A. A little bit.

Q. Do you remember any other times that you were

paddled by Mr. Albert? You said you were paddled about

four times.

Do you remember any other times, specifically?

A. I told you for being late.

Q Do you remember being paddled for being late,

specifically?

A. Yes.

l, Q. Can you picture the time you were being paddled?

A. Yes.

Q. Who was in the room then?

A. Just Mr. Albert and some more children who got

paddled for being late.

Q. So you were all paddled for being late?

A. Yeah.

Q. Were any other adults in the room at the time?

A. No.

Q. Were you taken into the principal's office before you

were paddled?

you remember being paddled on any other occasion

Albert?

tting in a fight.

you remember that paddling?

eah.

ere were you paddled?

A. In his office.

o was present?

Albert.

o else?

other boy, who I had the fight with.

ere you both paddled?

— ao

Borer.

Thee

POPOPOPOPOPOPOroR

Egy

SFS

F 5

you remember how many licks you got that time?

ut four apiece.

it hurt.

Pat

ere any other adults present, at that time?

2 5

| Mr. Albert see you fighting?

ow did he know you were fighting; do you know?

mebody must have went to the office and told.

. Do you remember any other times you were paddled

by anybody at Madison? Was Mr. Albert the only man that

paddled you?

[123] A. That paddled me.

Q. Did you see anybody else being paddled by anybody

else?

A. Yes.

Q. Who?

A. By a man named—I forget his name.

Q. Who was he?

A. He was an assistant principal.

Mr. Howarp. Your Honor, excuse me. Unless we have

some proof about whether there was authority or no author-

ity, it seems to me that just his seeing other people pad-

dled doesn’t prove anything here.

If they are going to get into everything

The Court. Does this have to do with the policy of cor-

poral punishment?

Mr. Fernserc. No. The purpose of this testimony will be

the purpose of much other testimony to show these regula-

tions are not followed; they are ignored.

The Court. Merely the fact that someone else—he saw

someone else get a spanking, you are showing he was not in

the principal’s office?

[124] Mr. Fernpera. I don’t know what he was going to

say. I don’t think I’m putting words in his mouth.

For example, if he saw somebody paddled on the PE

field, I think that would be evidence that there was.

The Court. So you propose to follow up with other ques-

tions along that line?

Mr. Fernserc. Yes.

The Court. All right, sir.

By Mr. Fernserc:

Q. My questions to you was, you said you saw somebody

else paddled; is that right?

A. Yeah.

Q. Who was the person that was doing the paddling? You

say you can’t remember his name?

A. He was tall and dark. He was colored. He had a black

Cadillac. —

Q. That isn't my question.

Who was he in the school; was he a teacher?

them, Mr. Albert’s office here, another

assistant’s office here, and another one right here, and these

doors be open.

When you come in the office, are sitting right down

looking in his door. — 2

Q. That's when you saw this paddling

Did you see more than one?

A. Yes. I seg lots of them.

aan have seen lots of people paddled in there; is that

1. —

Did you see anybody cry as a result of these ings?

A. He paddled a girl.

Q. You saw the girl being paddled?

A. Yes.

. Did they ery?

you remember how were standing when

were being paddled? Re — *

A. Straight.

Q. What did he use to paddle them with?

[126] A. A board.

Q. nly referred to as a paddle, in the school

system?

A. Yeah.

Q. How long did you stay at Madison?

A. For a whole year.

Q. Have you told me about all the paddlings you either

received or observed at Madison? Can you think of any

others?

A. No

Q. Where did you go from Madison?

A. I went to Madison from the beginning of the school

year.

Q. Where did you go from Madison? What was the next

school you went to? That was in the seventh grade, right?

A. Yeah.

Q. Where did you go to the eighth grade?

26-465 O- 16-5

Q. You went to Madiaon inthe eighth grade?

Q. When did you go to Drew? What grade were you in

at Pe

A. Eight.

(127 Were you at Drew for the whole time during the

eighth grade?

A. No. "

Q. You started at Madison; is that it?

A. Yes, and then I went to Drew.

Q. You were only at Madison for a few days, though; isn’t

that right?

A. Yeah.

Q. So for the most of the ninth grade, you were at Drew;

is that right?

A. Yes.

K. Did you stay at Drew through the whole ninth grade?

A. That was the eighth.

Q. The whole eighth grade, did you stay at Drew?

A. No. For about—I don’t know how long.

Q. Where did you go after Drew?

A. To Horace Mann.

Q. Did you finish the eighth grade there?

A. Yes.

Q. Did you go through the ninth grade?

A. Yes; Miami Central.

Q. Let’s talk about Drew. You were in [128] Drew for a

half of the eighth grade or so, or more?

A. About a half. Maybe a little bit more.

Q. Who was the principal at Drew when you were there?

A. Mr. Wright.

Q. The man you see in the audience?

A. Yeah.

Q. Can you point the man out?

A. Mr. Wright, right there.

Mr. Fernperc. Let the record reflect that Mr. Wright is

being pointed out. He is sitting next to his attorney, Mr.

Spicer.

By Mr. Fernperc:

Q. Do you remember who the assistant principal was at

Drew?

I x>ore>

834

witness.

By Mr. Fernens:

—

Serke

1 2

Ves.

. Can you point him out?

A. Right by Mr. Deliford?

Mr. Fernserc. Let the record reflect that Mr. Barnes has

been identified by the witness.

By Mr. Fernserc:

Q. Do you know if there were any other assistant princi-

pals or assistants to the principal, at Drew?

A. I’m not sure—but I don’t know his name—but I think

that man with the "

Q. The man with the glasses. Okay.

You don’t know his name; is that right?

A. No.

7 — you experience any paddlings at Drew?

Ves.

Q. Do you know how many?

A. Two.

130] Q. I you know by whom?

A. Yes.

Q. Who?

A. By the PE teacher and Mr. Wright.

Q. Who paddled you first; the PE teacher or Mr. Wright?

A. The PE teacher.

Q. Who is the PE teacher?

A. Mr. Wright and Mr. Kemp.

Q. They were the two PE teachers?

A. Yes.

Q. Mr. Wright that you have identified as the PE teacher,

he is —4 the same Mr. Wright who is the principal; is that

correct

A. No.

Q. He’s another Mr. Wright?

A. Yes.

Q. Were you paddled more than once by either Mr. Kemp

or Mr. Wright, the PE teacher?

A. Just once.

Q. Can you remember that incident?

A. Yes.

Q. Was anybody else paddled, at that time, besides you?

[131] A. Yes; the whole class.

Q. Do you remember the reason?

A. Everybody was talking.

Q. Who did the paddling?

A. Both of them; Mr. Wright and Mr. Kemp.

Q. Tell me how they did it.

A. Lined the whole class up in two rows.

Q. They lined the class up in two rows?

A. Yes. :

Q. Did they divide the class in half?

A. Yeah.

Q. What did they tell the class to do then?

A. Step up, one by one, and take a lick.

Q. Step up one by one and take a lick?

A. Yes. See, you have two lines. Mr. Wright one here, and

Mr. Kemp over here, and everybody come up one by one and

got a lick.

Mr. Wright put on his gloves.

Q. Mr. Wright put on his glove?

A. Yes.

Q. What kind of glove is this?

A. A leather type glove. One of them leather ones.

[132] Q. Why did he do that?

A. So it wouldn’t shake. So his hand wouldn’t sting when he

hit you with the board.

Q. Did both Mr. Kemp and Mr. Wright participate in this

paddling?

A. Yes.

Q. They each had a paddle?

A. Yeah.

Q. Do you know where they obtained the paddles?

A. They was in the office.

Q. In whose office?

A. They office; Mr. Wright’s and Mr. Kemp’s office.

Q. Had you ever seen these paddles before or since?

A. I seen them once. Yes, once in a while in the office on the

desk.

Q. Have you ever seen anybody else paddled by Mr.

Wright, the PE teacher, or Mr. Kemp?

A. Did I see——

Q. Anybody, besides this one occasion when the whole

class war paddled.

A. Yes, I see people get paddled by Mr. [133] Wright before.

Q. Do vou remember on how many occasions Mr. Wright

paddled? The PE teacher, I am talking about.

A. Lots of times. About, at least, almost three people a week.

Q. Do you remember why he paddled people; the reason?

A. Yes; for late, talking, eating in the class, cursing.

Q. Anything else?

A. Or coming, you know, like upstairs, just caught saying

names around all the white teachers upstairs, you get a pad-

dling for that, or for fighting.

Q. Mr. Wright, the PE teacher, would paddle for all of these

reasons, and you saw people paddled for all of these reasons?

A. Yes.

Mr. Howarp. Your Honor, I think he is leading his witness.

Mr. Fri x ERG. I think he testified to that.

The Cour. If he did, you are [134] repeating the testi-

mony.

By Mr. Fernserc:

Q. Let me ask you this: When the whole class was paddled

by Mr. Wright and Mr. Kemp, do you know whether

Mr. Wright or Mr. Kemp consulted with the principal before

paddling the class?

A. They didn’t.

Q. How do you know that?

A. Because they—th» first time they told us to shut up

and everybody kept talking, so they come out and told

everybody to line up.

Q. Do you know whether, on any of these occasions, they

consulted with the principal?

A. Not that I know of.

Q. How do you know that they didn’t?

A. Because they—half the time, all they do, like if you

say nigger or something, they will get you and paddle you

and tell you you’re going to change or either in the class

they take your foot and paddle.

So they don’t have time to tell the principal.

Q. Did you ever see the principal or any of the assistant

principals when they were paddling [135] the students in

the PE class?

A. No.

Q. You mentioned you were paddled another time by

Mr. Wright, the principal; is that correct?

A. Yeah.

Q. Do you want to tell me about that?

A. Well

Q. When did that happen; do you remember?

. Well, in October.

. October of what year?

. I don’t remember what year. It was two years ago.

. 1970?

. Yeah.

. Who paddled you; Mr. Wright?

. Yeah.

. Where did he paddle you?

In his office.

Q. In the principal’s office?

A. Yeah.

Q. Was anybody else paddled at that time?

A. Yeah.

Q. Who?

A. Some more students.

136 Q. How many other students?

A. About eight to ten. About that many.

Q. Where had you just come from before you got to the

principal’s office?

A. We come from out of the auditorium.

Q. Who got you out of the auditorium?

A. Mr. Wright.

Q. The principal?

A. Yeah; he took us to his office.

Q. He took you to his office?

A. Yes.

OF OOO

Q. What happened? Who was the first one paddled?

A. I don’t know their names.

Q. You weren’t the first one paddled?

A. No; I was the last.

Q. Did you see the others paddled?

A. Yes.

Q. Were there girls and boys?

A. Yeah.

Q. They were all paddled?

A. Yes.

Q. Did any of them cry?

A. Yeah.

[137] Q How come you were the last?

A. Because I wasn’t going to get no paddle.

Q. What do you mean? I didn’t understand that.

A. I didn’t do nothing to get nothing for.

Q. Did you tell Mr. Wright that?

A. Yeah.

Q. What did you say to him?

A. I said I didn’t do nothing but went up on the stage

by accident and I ain’t going to get no paddling.

Q. Did he tell you that he was going to paddle you?

A. I don’t remember what he said. I don’t remember

exactly what he said, but he said, “You wait right here.”

Q. Why did you say you were not going to take a

paddling?

A. Because I didn’t do nothing.

Q. How did you know you were going to be paddled?

A. Beca’ e he said so.

Q. He saiu he was going to paddle you?

A. Yes; he was going to paddle everybody.

[138] Q. When you saw these other students paddled, who

else was in the office besides you, the students and Mr.

Wright?

A. Nobody.

Q. Was Mr. Deliford in the office?

A. No.

Q. Was any other teacher in the office?

A. No.

Q. Was Mrs. Miranda in the office?

A. No.

Q. Who is Mrs. Miranda?

A. The lady back there.

Q. Who was she, at that time?

A. Who was she?

Q. Yes.

A. Science teacher. Naw, not science; black history, or

something like that teacher. She was a teacher.

Q. She was the teacher?

A. Yes.

Q. Was she your teacher that day?

A. Yeah.

Q. But she wasn’t in the room when you were paddled;

when the other students were paddled?

[139] A. No.

Q. Who was in the room when you were paddled?

A. Mr. Wright, Mr. Barnes and Mr. Deliford.

Q. What happened to the other children?

A. They went back into the room.

Q. They were sent out of the principal’s office?

A. Yeah.

Q. Did you resist the paddling?

A. Yes.

Q. Do you remember if he told you how many times he

was going to beat you?

A. Started off with five, and then he went up to twenty.

Q. Did he eventually paddle you?

A. Yes.

Q. Did you physically resist it?

A. Yes.

Q. How did he paddle you, if you resisted it?

A. They took off their coats when they come in.

[140] Q. Who were they“?

A. Mr. Deliford, Mr. Barnes and Mr. Wright.

Q. They took off their coats?

A. Yes, and their watches.

Q. Then what did they do?

A. Told me to take the stuff off my pockets and take off

my coat.

Q. Take the things out of your pockets?

A. Yes; my back pockets.

Q. What kind of coat were you wearing?

A. A blue jean jacket.

Q. They told you to take that off?

A. Yes. *

Q. Then what did they tell you to do?

A. “Stoop over and get your licks.”

Q. Show me how they showed you to do that.

Q. Yes.

A. Told me to get like this, and then I wouldn’t take

no——

Q. Did you do that when they told you to do it?

A. No.

Q. What did you do?

[141] A. I stand up.

Q. Then what happened?

A. Then they grabbed me; took me across the table.

Q. Who were “they”?

A. Mr. Deliford, Mr. Barnes and Mr. Wright.

Mr. Fernserc. Let the record reflect that the witness was

directed to lean over the table on his hands, on the table,

and he has shown us how he was directed to do that.

By Mr. FIN BRRG:

Q. You say Mr. Barnes and Mr. Deliford did what?

A. Put me across the table.

Q. Show me how they did that.

A. Like this here; across this way.

Q. Is that exactly how you were? Show us exactly how

you were.

A. Across the table, like this.

Q. Did they put you on the table like this?

A. Yes. ;

Mr. Fernsers. Let the record reflect the witness is lying

prone, face down. across the [142] table, with his feet off

the floor. i

By Mr. Fernezac:

Q. Who held you there?

A. Mr. Barnes and Mr. Deliford.

. Who held what?

2 2 Barnes held my legs and Mr. Deliford held my

arms.

Q. Who paddled you?

A. Mr. Wright. fe

Q. You said he was going to give you how many licks?

A. Twenty.

Q. How many did he give you?

A. More than twenty.

Q. How do you know that?

A. Because I was counting them.

Q. You counted each and every one?

A. Just about.

Q. You are sure he gave you that many?

A. I know he gave me more than twenty, because if he

gave me twenty—there was more than twenty, I know; I

was counting. For every time I’d count one, it was at least

two. ‘

Q. Did it hurt?

[143] A. Yes, it hurt.

Q. Did you cry?

A. Yeah.

Q. How old were you at the time?

A. Thirteen or fourteen. I was fourteen.

Q. What happened after he finished paddling you? What

did he say to you, if anything?

A. He told me to go wait.

Q. Did Mr. Wright say anything to you after you were

paddled?

A. To put on my clothes.

Q. Mr. Wright told you to put on your clothes?

A. Yes.

Q. Where were your clothes?

A. My coat was on—I forget where it was, but my pick

was on the ground.

Q. When you say your “pick”, that is a nb for your

hair?

A. Yes.

Q. Did you have a wallet?

A. No.

Q. He said, “Put on your clothes.” Then what did he say

to you?

[144] A. “Wait outside of the office.”

Q. Did you wait where he wanted you to wait?

A. Wait y the secretary’s desk; outside of his office by

the secretary’s desk.

Q. Did you have to open the door to get out there?

A. He opened the door and told me if I move—I said I

was going home—he said if I move he was going to bust me

on the side of my head.

Q Did you see what Mr. Barnes and Mr. Deliford did

after they finished?

A. They were putting back on their watches and their

coat. Then they closed the door and then I left.

Q. Then you left?

A. Yes.

Q. Where did you go?

A. Home.

Q. Was it at the end of the school day?

A. No; it was during the school.

Q. Why did you go home?

; A. To tell my mama what happened, but she wasn’t

ome.

(145) Q. Do you remember about what time of day that

was

A. About——

Q. In the morning or afternoon?

A. In the afternoon.

Q. You say your mother wasn’t home. Was anybody home

when you get home?

A. My sister, and I told—I didn’t tell her nothing. I just

went upstairs to the bathroom.

Q. What did you do in the bathroom?

A. To look to see how bad I was hit.

Q. What did you see? Where did they hit you?

A. Across my butt; hit me on my arm, and across my eye.

Q. Was there any evidence of the hit across your arm, any

physical evidence? Could you see anything?

A. Swollen.

Q. What about across your eye?

A. They weren’t no mark there. It was just hurt.

Q. What about your buttocks; could you see that?

[146] A. Yes.

Q. How did you look at that?

A. On our mirror. We got a big mirror, and I turned my back

against it and looked.

Q. What did you see?

A. Black and purple and it was tight and hot.

Q. Did your mother eventually come home?

A. Yes.

Q. Did you tell her about it?

A. First I was seared to tell her, but then I told her.

Q. Why were you afraid to tell her?

A. Kind of ashamed to show her.

Q. But you did show her?

A. Yes.

Q. How did she react?

A. She start screaming and hollering.

Q. Did she say anything?

A. She said, “What happened to my child?”

Q. I didn’t hear that.

A. She talking about, “Oh, what happened to my child?”

Q. Then what happened?

[147] A. She took me to the doctor and started screaming

and hollering.

Q. Excuse me?

A. She took me to the doctor.

Q. What was the last thing?

A. She started screaming and hollering.

Q. Your mother?

A. Yes.

Q. You say your mother was hysterical?

A. Yes.

Q. Which doctor did you go to?

A. Jackson.

Q. How did you get there?

A. My daddy, I think—naw. I don’t know.

Q. Were you examined at Jackson by a physician?

A. Yes.

Q. Were you given any medication?

A. Yes. First I—at first he told me I had a fever. He thought

I had drunk some coffee.

Q. You say, “at first“. What did he do, take your

temperature?

A. Yes, and I had a fever.

Q. What else did he do to you besides take [148] your tem-

perature. Did he examine your buttocks? “x

A. Yes. He said my mama should go and arrest the man that

did it.

Q. Just answer the questions that I am asking you. Aside

from that, what did he do? I’m not asking you what he said.

A. Just examined me and give some medicine.

Q. What kind of medicine did he give you?

A. Pain and

Q. Pills?

A. Yes.

Q. Go on. What else?

A. And the kind that make you—like a laxative; and sleer-

ing pills.

Q. Do you recall if he told your mother to treat you, in any

way?

A. Yes; put cold compresses and give me those pills.

Q. The next day, did you go back to school?

A. No.

Q. Did the doctor tell you anything about going back to

school?

A. Told me to stay out at least a week.

[149] Q. Did you, in fact, stay out of school?

A. Yes.

Q. What did you do when you stayed out of school?

A. I had to go—my mommy took me to another doctor.

Q. I’m not up to that. Where did you stay when you stayed

out of school?

A. Home.

Q. What did you do at home?

A. Laid down in bed.

Q. Did you lay on your back?

A. On my stomach.

Q. Why?

A. Because butt hurt if I laid on my back.

Q. Could you sit down?

A. No.

Q. How long was it before you could sit down?

A. Going on the third week.

Q. Before you could sit comfortably?

A. Yes.

Q. You mentioned that you went to another [150] doctor.

A. Yes.

Q. Where was that?

A. Family Health Clinic. Family Health Center.

Q. That’s not the same place you went to the first time?

A. No.

Q. Do you recall whether you received any treatment

there?

A. Yes. The doctor examined me again and told me I had

to stay home for another few days and give my mommy

something. I don’t remember. Told me to keep putting cold

compresses to it.

Q. Did you mother put cold compresses on it?

A. Yes; every night.

Q. Did you play while you were out of school that time?

A. No.

Q. Did you tell anybody about it? Did anybody find out

about it; any of your friends?

A. No.

Q. How about your brothers and sisters; [151] did they

know about it?

A. Yeah.

Q. What did they say about it?

A. Called me “rain bummy”.

Q. Was that in reference tu your buttocks?

A. Yeah.

Q. Were they making fun of you?

A. Yeah.

Q. How did you feel about that?

A. I plugged them in their face.

Q. You were angry about that?

A. Yes.

Q. How long did that go on?

A. Still going on now.

Q. Did you see any other doctors? Did you go to any

other hospital, besides the two you have told us about?

A. That’s all I remember.

Q. Excuse me?

A. That’s all I remember going to; those two.

Q. Do you remember approximately how long you were

out of school, or exactly how long you were [152] out of

school?

A. At least a week and a few days.

Q. Let me ask you this, now: Did you ever see anybody

in the school walking around with a paddle?

A. Yes.

Q. Who?

A. Mr. Barnes and another man, three of them.

Q. — saw three people walking around with a paddle?

A. Ves.

Q. Do you remember the names of the other two, besides

Mr. Barnes?

A. No.

Q. Was it anybody here in the courtroom?

A. No. Mr. Barnes.

Q. Where did you see Mr. Barnes with the paddle?

A. Upstairs.

Q. Where, upstairs?

A. In the big open area room

Q. What do they call that room?

A. The loft.

[153] Q. Do they hold classes in the loft area?

A. Yes.

Q. You say you saw Mr. Barnes there. What were you

doing when you saw Mr. Barnes with a paddle?

A. In my class.

Q. How often did you see him with a paddle?

A. Just about every day.

Q. Where would he be going?

A. Just walking around.

Q. Would he be walking into the classrooms?

A. The class would be open and he would be walking

through them.

Q. You mean one class here, one class here?

A. Yeah.

Q. Were they separated by walls?

A. Just removable walls, but most of them they would be

open.

Q. You say Mr. Barnes was walking through each class?

A. Yes.

Q. How often did you say you saw him?

[154] A. Just about every day.

Q. Did he eventually stop carrying the paddle around, if

you remember?

A. Not that I can remember.

Q. Did you ever see him paddle anybody as he was

walking through?

A. You mean in the open area of the loft?

Q. Yes.

A. No. ,

Q. What about the other people you saw carrying the

paddles around; did they carry it in the same place or

another place?

You say you saw three p ople carrying them?

A. Another man would be carrying it downstairs and then

there would be another one outside by the cafeteria.

Q. The cafeteria was outside?

A. The cafeteria inside, but outside where you wait at

before your teacher picks you up.

Q. When you say outside“, you mean outside of the

school building?

A. Yes.

Q. You mean out in the open?

[155] A. Yes.

Q. This was after you finished eating you are supposed

to congregate at a certain place?

A. Yeah.

Q. You saw this man, whose name you don’t know,

carrying a paddle out in that area?

A. Yeah.

Q. Did you ever see him paddle anybody out there?

A. No.

Q. How often did you see him carry the paddle around

out there?

A. Just about every day.

Q. Let me ask you this: This paddling that you received

from Mr. Wright, the principal, did the injuries that you

received from them eventually clear up?

A. What you mean?

Q. In other words, are you fully recovered from the

injuries?

A. Do I have any pains?

Q. Yes.

A. No.

Q. How long after the paddling did you [156] have pain?

A. You mean after it don’t go, how long?

Q. How long after the paddling; for what period of time?

A. Oh; about three weeks.

Q. After the three weeks, you had no more pain; is that

right?

A. Yes.

Q. You have no lingering effects of that paddling; is that

right?

A. Yes.

Mr. FernsBerc. No further questions.

You are not quite six feet, are you?

. I don’t know.

How much do you weigh; do you know that?

. Two hundred pounds.

Q. About how 4— did you weigh back when you were

at Drew?

A. One hundred and twenty.

[157] Q. One hundred twenty?

A. Yes. Oh, about thirteen, I weighed about one hundred

twelve. I remernber I used to quit losing that twenty pounds.

Q. You have gained eighty pounds in two years?

A. That’s what it looked like.

Q. Going back to Gladeview Elementary, you said you had

been paddled some time in elementary school?

A. Yeah.

Q. You went to see the counsellors, didn’t you, as early as

that, back when you were in elementary school?

A. I went to see the counsellor.

Q. Do you remember talking to the counsellors about your

conduct and about how you were supposed to behave in

school, and that sort of thing?

A. You mean did we have counsellors and I talked to

them?

Q. Did you talk to either your teachers or the principal

or separate counsellors about your behavior and how you

were supposed to act in school?

A. Nope.

[158] Q. Are you sure about that?

A. Yeah.

Q. Do you remember that you were suspended once back

in Gladeview, for five days? Do you remember that?

A. For what?

Q. According to the school’s notice, because you didn’t

behave in the classroom; you did not show any respect for

a substitute teacher; continued the practice, even after

several counselling sessions.

Do you remember that now?

A. Yeah.

POPOrE

216-455 O- 16-6

Q. Five days’ suspension?

A. Yeah.

Q. Do you remember, again in Gladeview, you were sus-

pended for two days because you brought a knife to school?

A. I don’t remember that. Two days for a knife?

Q. Yes; bringing a knife to school.

A. Oh, yeah.

Q. You were suspended two days then?

A. Yeah.

[159] Q. Did the principal talk to you about that? Did

you talk to a counsellor?

A. Not as I remember talking to a counsellor.

Q. About the way you were acting in school?

A. No.

Q. When you went into Drew, in the eighth grade, do

you remember talking to a counsellor then whose name is

Hart, either Mr. or Mrs. Hart, about the rules of the school

and how you were supposed to behave in school?

A. Yeah.

Q. Do you remember that?

A. Yes.

Q. Do you remember, just after you had started at Drew,

that Mr. Barnes had a talk with you because you had been

running in the hall without a pass, and you were chewing

gum and using bad language in the hall?

Do you remember that?

A. No.

Q. You don’t remember talking to Mr. Barnes about that

kind of conduct?

[160] A. About chewing gum?

Q. About chewing gum ‘and using profanity and being

disrespectful.

A. Being in the hall without a pass. Not no disrespectful.

Q. Do you remember Mr. Barnes calling you down for it,

though?

A. Yeah.

Q. You do remember at least about chewing gum, but

you don’t remember the other part of it, do you?

A. Right.

Q. Don’t you remember kind of using some bad language

at Mr. Barnes when he stopped you?

A. Nope.

Q. You didn’t say something like, “You better not put

your damn hands on me? Did you say something like that

A. No.

Q. About the same time—now, this is before Mr. Wright

paddled you I’m talking about—just after you had entered

do you remember another time when Mr. Deliford

had a talk with you about making noise in the hall; making

a disturbance in the [161] hail?

A. Nope.

Q. You don’t remember having any talk with Mr.

Deliford?

A. About making noise in the hall?

Q. Yes; about your behavior.

A. Making noise in the hall?

Q. Do you remember having a talk with Mr. Deliford

about anything? Let me ask you that. Before you were

paddled by Mr. Wright.

A. No.

Q. Do you remember your teacher talking to you, from

time to time, about your conduct, about the way you were

acting, both at Gladeview and then at Madison and then

at Drew?

A. My teacher?

Q. Teachers or the people in the principal’s office.

A. From Gladeview on up to Drew, do I remember any

of them talking to me?

Q. Yes.

Mr. Fernserc. Your Honor, I don’t object to this kind

of questioning, but I think this question in particular is

too general. Does he [162] remember teachers talking to

him. It is not calculated to elicit a responsive answer.

The Court. He doesn’t like your question, Mr. Howard.

Do you want to ask a different one?

Mr. Fernserc. If he wants to name specific incidents,

I have no objection.

By Mr. Howarp:

Q. Isn’t it a fact that from time to time you had some

trouble in Gladeview? You were suspended; do you

remember?

A. Yeah.

Q. You had some trouble as you went along. Isn’t it a

fact that your teacher or your counsellors or somebody from

the principal’s office would talk to you about your conduct?

A. Yes.

Q. They would try to point out what was wrong and how

they wanted you to behave in school?

A. Yes.

Q. You said that your PE teacher, Mr. Wright, at Drew,

and another PE teacher had paddled the class in two lines?

A. Yeah.

[163] Q. You were in one of those two lines?

A. Yeah.

Q. You only got one lick that time, didn’t you?

A. Yeah.

Q. Was that what happened to the rest of the boys, too?

A. Yeah.

Q. One lick each?

A. Yeah.

Q. Were you particularly ashamed and embarrassed with

everybody in the whole class getting one lick?

A. No; because everybody got a lick.

Q. When Mr. Wright paddled you in his office, isn’t it a

fact that you and Broderick Jones, he had brought the two

of you together to his office from the auditorium or from the

loft?

A. No.

2. Wasn't Broderick Jones the other boy on the stage

with you that wasn’t supposed to be there?

A. I don’t know. I don’t remember his name.

Q. You don’t know his name? &

[164] A. No.

Q. There were three boys on the stage, weren’t there, at

the time Mr. Wright came in and called you down?

A. Yeah—I don’t «now how many people. Yeah, about

three.

Q. One of the boys Mrs. Miranda had told to be there

to run the machine, correct?

A. Yeah.

Q. You were not supposed to be there?

A. Right.

Q. The other boy that went with you to the office was not

supposed

Mr. Fernzperc. Your Honor, I think I am going to object

to the leading questions. I think he can elicit this testimony

without putting words in the witness’ mouth.

The Court. Overruled. This is cross-examination.

By Mr. Howargp:

Q. Aside from the boy who was supposed to run the

machine, you and the other boy that went to the office

were not supposed to be on the stage, were you?

[165] A. Right.

Q. Mr. Wright came in and called you down from the

stage?

A. He didn’t call me down from the stage.

Q. How did you get down to go with him to the office?

A. Miss Miranda told me to come off the stage.

Q. You didn’t go down when she told you?

A. I was on my way down when he come in. He saw me

coming down off the stage.

Q. Didn’t she tell you three times to leave the stage and

you wouldn’t go?

A. She wasn’t talking just to me; she was talking to all of

them to get off the stage. While she was saying that, I was

on my way off the stage.

Q. She said it three times?

A. I don’t know how many times she said it.

Q. Mr. Wright was there while she was talking to you all,

wasn’t he?

A. Yes, he had just come in.

Q. You used some pretty bad language to Mr. Wright as

you were going back to the office with him, didn’t you?

[166] A. No.

Q. Did you say anything while you were going back with

him to the office?

A. No.

Q. I want you to remember, now.

A. I’m thinking. There wouldn’t be no need for me to

curse at him, if I did.

Q. Weren’t you hollering and complaining that you didn’t

want to take any paddling?

A. No, I wasn’t hollering. I just said, “I ain’t going to get

no paddling.”

Q. How did you say it to him?

A. “I ain’t getting no paddling because I didn’t do

nothing.”

Q. Is that the way you said it?

A. Yeah.

Q. Did you use some pretty bad language?

A. No.

Q. You didn’t use words like “mother fucker

A. No.

Q. ——at any time that day, to Mr. Wright?

A. No.

Q. You say he started, he began with five [167] licks to

you and then you said he went on up to something like

twenty?

A. Yes.

Q. If he began with five, why did he go beyond five?

A. He said, “The longer you take, the more it going to

be.

Q. He said what?

A. “The longer you take, the more it going to be,” so I

just sat there and let it go, because I ain’t going to get no

licks for nothing.

Q. Didn’t he say that he was going to give you licks

beyond five because you were using bad language?

A. No.

Q. Tell me again why did he give you more than five

licks?

A. Because he said

Mr. Fernserc. Your Honor, I think he has answered that

question already. I think it is repetitious.

Mr. Howarp. I didn’t hear exactly what he said, or I

didn’t understand.

Mr. Ferneerc. I heard him, and I am [168] sitting back

there.

The Court. I heard him, too.

The Witness. The longer you wait the more it going to

be.”

By Mr. Howarp:

Q. “The longer you wait”?

A. “The more it going to be.”

Q. What did he mean; you were supposed to leave? If you

stayed there he was going to give you more licks?

Mr. Fernserc. Counsel is arguing with the witness. I think

it is clear what the answer is. I understand the answer. I

think Mr. Howard does.

Mr. Howanrp. I will withdraw it. Everybody understands it

but me, but I don’t think it is that important.

By Mr. Howarp:

Q. You weren’t trying to say a while back that Mr. Wright

deliberately hit you on the arm?

A. No, he wasn’t deliberate.

Q. You were jerking around on the table and one of the

licks hit you on the arm?

A. Yeah.

Q. When you said you saw Mr. Barnes [169] walking

through the loft, Drew is what they call an open school,

isn’t it, James? Do you know about that?

A. Yes.

Q. Doesn’t that mean that instead of being i in little class-

rooms, separate classrooms, that everybody is pretty much

in the open, with different groups studying in this one big

area?

A. Yes.

Q. Is that the way it worked at Drew?

A. Yes.

Q. So whoever would walk around anywhere, you would

be able to see him, right; whatever he was carrying?

A. Yeah.

Q. You didn’t finish the eighth grade at Drew, right?

A. No.

Q. You went on to Horace Mann?

A. Yes.

Q. Did you pass at Horace Mann?

A. Yes.

Q. You went on, then, to

A. Senior high school.

[170] Q. Are you in senior high school now?

A. Right now?

Q. Yes.

A. No.

Q. You are not in school now?

A. No.

Q. Why not?

A. Because I’m working.

Q. You are working?

A. Yeah; I’m at the Juvenile Building for threatening a

teacher and I got sentenced to this program called day field,

so I got to work.

You know, I got committed there at the Juvenile

Mr. Howarp. No further questions.

The Courr. You are excused.

* a * * *

[171-253] „ „ * * *

254 * a * + a

Thereupon:

ROOSEVELT ANDREWS was called as a witness in his

own behalf, and having been first duly sworn, was examined

and testified as follows:

DIRECT EXAMINATION

By Mr. FEIN RERO:

Q. State your name, please.

A. Roosevelt Andrews.

Q. Where do you live?

A. 2280 Northwest 50th Street.

Q. Who do you live there with?

A. Mother and father.

Q. Any brothers and sisters?

[255] <A. Yes.

Q. How many?

A. Five sisters and two brothers.

Q. Where did you go to elementary school first?

A. Carver Ranches Elementary.

Q. Where is that?

A. West Hollywood.

Q. In Broward County?

A. Yes.

Q. Where did you go after that time?

A. North County.

Q. North County Elementary?

A. Yes.

Q. Where is that?

A. Carol City.

Q. In Dade County?

A. Yes.

Q. After that?

A. Bunche Park Elementary.

Q. After that?

A. North Dade Junior High.

Q. What grade were you in in North Dade Junior High

School?

[256] A. Seven and a half and eight.

Q. After that?

A. Brownsville Junior High.

Q. How long were you there?

A. Half of the eighth.

Q. The other half of the eighth grade?

. Yeah.

. After that?

Charles Drew.

. Junior High School?

. Yeah.

. What grade were you in there?

. Ninth.

. All of the ninth?

Ves.

Did you go to high school?

North Miami Beach.

Q. Did you go to any other schools, other than those that

you have mentioned?

A. No.

Q. Starting with North County Elementary School, which

is the first school you went to in Dade County—is that

right?

A. Yes.

[257] Q. Did you ever receive a paddling at that school?

A. Yeah; on the hands.

Q. What grade?

A. Second.

Q. Any other grades?

A. The third.

Q. Any others? .

A. No.

Q. Can you specifically recall those paddlings and the

reasons for them?

S OSHOCEOYO

A. Not right now.

Q. Do you remember who paddled you?

A. No.

Q. The next school you went to is Bunche Park, right?

A. No.

Q. After North County, isn’t it Bunche Park?

A. No.

Q. What school did you go to after North County

Elementary?

A. Bunche Park.

Q. Were you ever paddled in Bunche Park?

[258] A. Yeah.

Q. Do you remember who paddled you there?

A. The fifth grade teacher.

Q. Do you remember his name?

A. Mr. Conn.

Q. What did he paddle you with?

A. A board.

Q. Where did he hit you?

A. In the rear end.

Q. On your rear end?

A. Yeah.

Q. Do you remember why he paddled you?

A. Being late.

Q. Any other reasons?

A. Hollering out one day.

Q. Where did he paddle you?

A. In the classroom.

Q. Were there other studenis in the classroom?

A. Yeah.

Q. In front of the entire class; is that what you are

telling us?

A. Yeah.

Q. You were the only one who was paddled [259] in the

fifth grade?

A. Nope.

Q. How many others were paddled; do you know?

A. I don’t know how many, but lot of them. Just about

all of them.

Q. Just about all the kids in the fifth grade were paddled

by Mr. Cohen?

A. Yes.

metimes.

id you ever cry?

9 E

you in the sixth grade at Bunche Park?

u ever recall being paddled in the sixth grade?

When Mr. Cohen paddled you, were there any other

in the classroom?

. Nope.

Q. Were there any other adults in the classroom?

[260] A. No.

Q. Did he ever go out of the classroom before he paddled,

to go to the principal’s office?

A. No; just call you up.

Q. Just call you up when you were late; is that right?

Mr. Howarp. Your Honor, this is leading him and sug-

gesting the answers to him.

The Court. Don’t lead him, Counsel.

By Mr. FEernsBerc:

Q. You say you were in the sixth grade where?

A. Bunche Park.

Q. Did you ever get paddled in the sixth grade?

A. Yeah, on my hands.

Q. Do you remember by whom?

A. I forget the name. It was a lady.

Q. Where did she paddle you? I mean, where, in the

school, did she paddle you?

A. In the classroom.

Q. Who else was in the classroom at the time?

A. Rest of the students.

[261] Q. Did she ever hit anybody else on the hands?

A. Yeah; that’s all she do is hit you on the hands.

Q. What did she use?

A. A ruler.

Q. Did it hurt?

A. Sometimes.

Q. Do you remember what reasons she did that for?

A. Same, mostly, being late, like when you go to lunch and

don’t get back on time, for that; and if you don’t do your

work and mess around.

rororo

Q. Do you remember if she consulted with the principal

before she did that?

A. I don’t know.

Q. Were there any other teachers present in the room when

she paddled you?

A. Nope.

Q. Any other adults in the room present when she paddled

you?

A. No.

Q. That was the sixth grade.

Now, where did you go in the seventh [262] grade?

A. North Dade Junior High School.

Q. Do you remember being paddled there?

A. Yes.

Q. Who paddled you there?

A. Miss Williams.

Q. Who is she?

A. Social studies teacher.

Q. Mrs. Williams, did you say?

A. Yeah.

Q. Where did Mrs. Williams paddle you?

A. In the classroom.

Q. Were there other students present in the classroom?

A. All of them.

Q. Were you the only one that was ever paddled by Mrs.

Williams?

A. No.

Q. Who else was paddled?

A. Some more children.

Q. When you say “paddled”, what do you mean? What

was used?

A. A board.

Q. Where did she get the board from?

263] A. Off her desk.

Q. Do you recall if any other adults were present in the

classroom when the paddling took place?

A. One time in the eighth grade.

Q. I'm not talking about the eighth grade; I’m talking

about the seventh grade with Mrs. Williams.

A. No.

Q. Do you recall the reason she paddled people?

A. Playing around, fighting, hollering, arguing with each

other, not working when you supposed to, talking back to

her.

Q. How would she paddle you? Did she make you assume

any kind of position?

A. Just stand up straight.

Q. Stand up in your seat?

A. Stand up by your desk.

Q. Did it hurt; do you remember?

A. No, not me.

Q. Did it hurt anybody else?

A. Yeah; some girls.

Q. How do you know that?

A. They were crying. Hollering, rather.

Q. This was in the classroom?

[264] A. Yeah.

Q. Do you remember any other teachers who paddled you,

besides the teachers whom you named; Mr. Cohen and

Mrs. Williams, in those grades?

A. From fifth on up?

Q. Yes; fifth, sixth and seventh.

A. Most of them I don’t remember their names.

o were they?

don’t know.

What positions did they hold in the school?

. PE.

“PE”, what do you mean?

“<

“PE”, you mean what?

class.

ed class?

ich grade was this?

A. Seventh. I didn’t get a beating from him, though, not

in his class.

Q. Did you see him beat anybody in the seventh grade?

[265] A. Yeah, lot of people.

Q. You are talking about at North Dade, right, in the

seventh grade?

A. Yeah.

Q. Where would he get the paddle from?

>POPOPOPOP Oro!

A. I seen him get it off his desk, out of his desk drawer.

Q. Have you seen him get it out of his desk drawer?

A. Yeah.

Q. Do you recall why he paddled students?

A. Sometimes like a lady teacher, she will call him.

Q. Excuse me?

A. Like a lady that don’t want to whip you or something

like that, she call him.

Q. Did that ever happen to you?

A. One time.

Q. Do you remember who the lady teacher was?

A. Mrs. Williams.

Q. Is she the one who paddled you before, though?

A. Yeah.

[266] Q. Where did the PE teacher paddle you, at her

request?

A. In his office?

Q. You mean the PE teacher’s office?

A. Yeah.

Q. Did he take you to the principal’s office at that time?

A. Nope.

Q. Who was present in the PE teacher’s office when you

were paddled?

A. Him and Miss Carter and the other PE teacher.

Q. Miss Carter is who?

A. PE teacher.

Q. You mean Mr. Carter?

A. Yes.

Q. Do you recall ever being paddled on other occasions

by this same PE teacher or other PE teachers in North

Dade?

A. Nope.

Q. Did anybody else paddle you at North Dade?

A. Assistant principal.

Q. Do you remember how many times he [267] paddled

you?

A. Once.

Q. Do you remember what it was for?

A. Running around the field when I was suppose to be at

lunch.

Q. Do you remember where he paddled you?

A. In his office.

Q. Where was that; in the school?

A. Yeah. aon

Q. Do you remember if he took you to the principal’s

office first?

A. Yeah. 2 a

Mr. Howarp. I thought he said the principal did the

dling. 2

12 Wrrenss. I said the assistant principal.

By Mr. FEINBERG:

Q. That was a female principal at North Dade; is that

what you are telling us?

A. Ves. ;

Q. She was present during this paddling?

A. Yeah.

[268] Q. Do you recall ever being paddled on other occa-

sions by this assistant principal?

A. Nope. )

Q. Do you recall any other—you were at North Dade in

the seventh and half of the eighth grade?

A. Leah. ' . .

Q. Do you recall any other paddlings you received in

North Dade Junior High, other than what you have told us

already? ess ‘alisha

A. Throu ee e? f f

Q. The seventh and half of the eighth in North Dade

Junior High, I want you to think; were there any other

paddlings that you might have received, other than what

you have told us?

A. In the eighth grade.

Q. At North Dade?

A. Yeah.

Q. Who paddled you there?

. I don’t know his name. 7

8 Who was he in the school? What position did he hold?

A. I don’t know that either. .

Q. Where did he paddle you in the school?

A. In the classroom. It was an empty [269] room.

Q. It was an empty classroom?

A. Yeah.

Q. Do you remember the reason why you were paddled

by him?

A. Fighting.

Q. Did he see you fighting?

A. Yeah.

Q. Was the other boy paddled, who was fighting with

you?

A. Yeah.

Q. Were you both paddled in the empty classroom?

A. Yeah.

Q. Where did he get the paddle from?

A. I don’t know. He just went out and come back with it.

Q. Were any other adults present in this empty class-

room when you were paddled?

A. No.

Q. Any other students present?

A. Just us two.

Q. Just you and the paddler?

A. And the other boy.

[270] Q. Do you remember how many licks you got that

time?

A. Three.

Q. You testified that you went, then, to half of the

eighth grade at Brownsville?

A. Yeah.

Q. Do you remember receiving any paddlings in

Brownsville?

A. Yeah.

Q. By whom?

A. Mr. Cooper.

Q. Who else?

A. Miss Williams.

Q. That’s a different Miss Williams?

A. Yeah.

Q. Who else?

A. That’s all I know.

Q. Who is Mr. Cooper?

A. Assistant principal, I think.

Q. Where did he paddle you in the school?

A. In his office.

Q. Who was present?

man. I don’t know his name.

he the principal?

I don’t know—no, he wasn’t the principal.

don’t remember who the principal was? Is that

Hin

— |

‘is Mise Williams?

teacher.

agen you in the eighth grade?

ere did she paddle you in the school?

t did she use to paddle you with?

board.

Did sh 1€ paddle anybody else in the classroom?

id you see them being paddled?

Were there any other adults in the classroom at the

the people were paddled in that classroom?

No.

Q. Do you remember the reason you were paddled?

[272] A. Ain't finished my work and I was back there

talking, so she caught us.

Q. On how many occasions did she paddle you in the

classroom?

A. Once.

Q. Where did she get her paddle?

A. Out of her drawer.

Q. Did she leave the classroom before she paddled you?

A. Not when she paddled me.

Q. How soon after you didn’t finish your work did she

paddle you?

A. When she found out I ain’t finished.

Q. As soon as she found out?

A. Yeah.

Q. How did you feel about being paddled in the class-

room in the eighth grade?

A. Normal, I guess.

Q. Did she hurt when she paddled?

A. Nope.

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216-455 O- 76-7

Q. Did you ever see her paddle any girls?

A. Nope.

Q. Nobody else paddled you except Mr. Cooper and

Miss Williams, in the eight grade, that [273] you can

remember?

A. That’s all.

Q. Where did you go next; in the ninth grade?

A. Charles Drew.

Q. Were you ever paddled in Charles Drew?

A. Yeah.

Q. Do you remember how many times?

A. Nope.

Q. Can you tell us approximately how many times?

A. Naw.

Q. Was it more than five?

A. Yeah, it was more than five.

Q. More than ten?

A. I think so. I don’t know.

Q. Did you stay at Charles Drew for the entire ninth

grade?

A. Yeah.

Q. Can you remember any specific times that you were

paddied at Charles Drew?

A. What you mean?

Q. Can you remember who paddled you at Charles Drew?

[274] A. Oh.

Q. Give me the names of all the people that paddled you

at Charles Drew.

A. Mr. Challenger [phonetic].

Q. Who else?

A. Mr. Wright.

Q. Which Mr. Wright?

A. Both of them; the principal and my PE teacher. Mr.

Kemp.

Q. Who is he?

A. PE teacher?

Q. Yes.

A. Deliford, Barnes, and that’s all I remember.

Q. Who is Mr. Challenger?

A. Sheet metal teacher.

Q. Where did he get the paddle from?

A. Out of his drawer.

Q. Did you ever see anybody else paddled by Mr.

Challenger?

A. Yeah. . |

Q. Do you remember approximately how many people?

A. Nope.

[275] Q. Was it more than five?

A. During the whole year?

Q. Yes.

A. Yeah, it was more than five.

Q. More than ten?

A. Yeah.

Q. More than twenty?

A. Nope.

Q. When Mr. Challenger paddled you and the other

people, were there ever any adults present besides him?

A. Sometime the other teacher be there

Q. Excuse me; what kind of teacher?

A. Small English teacher, Mr. Kay.

Q. Was he in there all the time when Mr. Challenger

paddled?

A. No.

Q. Can you remember a specific time that you were

paddled that Mr. Kay was not there?

A. I know I was paddled one time when he wasn’t there.

Q. You remember that specifically?

A. Yeah.

Q. Do you remember why you were paddled [276] that

time?

A. Messin’ around.

Q. Do you remember how many licks you got at that time?

A. One. .

Q. Did Mr. Challenger ever give more than one lick?

A, Not to me. I don’t see him give nobody else more than

one, either.

Q. Did it hurt?

A. Nope. |

Q. Do you know whether, before Mr. Challenger paddled

you, he went out of the room?

A. No, he didn’t go out.

Q. Do you remember if Mr. Wright, the principal came

into the room before you were paddled?

A. In Challenger’s room?

Q. Yes.

A. No, he ain’t come in.

Q. Were there any other students in the room when you

were paddled by Mr. Challenger?

A. Yeah.

Q. Who?

A. The whole class.

[277] Q. Were they able to see the paddling?

A. Yeah.

Q. You were able to see the other people paddled; is that

right? 5

A. Veah. ‘

Q. You mentioned that Mr. Wright, the PE teacher, and

Mr. Kemp, the PE teacher, paddled you.

Where did they paddle you?

A. In the .

Q. Do — how many times they paddled you?

A. Three.

Q. How many times did Mr. Wright paddle you; the PE

teacher?

A. How many licks he give me?

Q. On how many occasions.

A. Mr. Wright paddled me three—no, two times.

Q. Mr. Kemp?

A. Three.

Q. Mr. Kemp paddled you three and Mr. Wright paddled

you two?

A. Yeah.

Q. That was all in the Drew school; is [278] that right?

A. Yeah. F

Q. Do you remember any of those paddlings particularly!

Do you have any recollection of those paddlings by

Mr. Wright, let’s say? 8

A. What you mean?

Q. How would he paddle you? 1

A. Touch the desk. Sometimes just stand up straight.

Q. Did

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