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SIMS v. WALN

Civ. No. 4526.

388 F.Supp. 543 (1974)

Leatha Benita SIMS, by her next friend and mother, Linda Gail Sims, Plaintiff, v. William WALN and Max Launder, Defendants.

United States District Court, S. D. Ohio, W. D.

December 16, 1974.

Attorney(s) appearing for the Case

Clyde R. Ellis, Michael E. Geltner, American Civ. Liberties of Ohio, Inc., Columbus, Ohio, for plaintiff.

William H. Thornburg, Dayton, Ohio, Alfred J. Weisbrod (trial counsel), Dayton Ohio, Robert T. Baker and John C. Burkholder, Columbus Ohio, for defendants.

William J. Brown, Atty. Gen. of Ohio, Michael R. Grove, Asst. Atty. Gen. of Ohio, Columbus, Ohio, amicus curiae, for Martin Essex, Superintendent of Public Instruction for the State of Ohio.

FINDINGS OF FACT, OPINION AND CONCLUSIONS OF LAW

RUBIN, District Judge.

This matter is before the Court following trial, presentation of evidence and testimony and a post trial memorandum. Plaintiff seeks damages, both compensatory and punitive, an injunction against defendants from discriminating against plaintiff or other black persons in the infliction of corporal punishment, and a declaratory judgment holding § 3319.41 Ohio Rev.Code to be unconstitutional...

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