WISE v. PEA RIDGE SCHOOL DIST. NO. 109

Civ. No. 87-5027.

675 F.Supp. 1524 (1987)

Daniel WISE, a minor By and Through his parents, Leroy WISE and Sandra Wise, husband and wife, Leroy Wise and Sandra Wise, individually; Michael Decker, a minor By and Through his parents, Dwain Decker and Mary Decker, husband and wife, and Dwain Decker and Mary Decker, individually, Plaintiffs, v. The PEA RIDGE SCHOOL DISTRICT #109, as a public body corporate; James C. Carlton, individually, and in his official capacity as Superintendent of Pea Ridge Schools; Bill Alvarez, individually and in his official capacity as Superintendent of Pea Ridge Schools; Bruce Norwood, individually and in his official capacity as Principal of Pea Ridge Schools; Russell Davidson, individually and in his official capacity as Principal of Pea Ridge Schools; Kenneth Patterson, individually and in his official capacity as President of the Pea Ridge School Board of Education; Ronald Foster, individually and in his official capacity as President of the Pea Ridge School Board of Education; Kent Webb, individually and in his official capacity as Vice-President of the Pea Ridge School Board of Education; Tony Fletcher, individually and in his official capacity as Secretary of Pea Ridge School Board of Education; Douglas McKinney, individually and in his official capacity as a Member of the Pea Ridge School Board of Education; Larry Walker, individually and in his official capacity as Pea Ridge Coach, Defendants.

United States District Court, W.D. Arkansas, Fayetteville Division.

December 23, 1987.


Attorney(s) appearing for the Case

Charles S. Trantham, Fayetteville, Ark., for plaintiffs.

Walter B. Cox, Davis, Cox & Wright, Fayetteville, Ark., for defendants.


MEMORANDUM OPINION

H. FRANKLIN WATERS, Chief Judge.

This is a case in which two students of the Pea Ridge School District claim violation of their constitutional rights. Daniel Wise, by his parent and next friend, LeRoy Wise sued the defendants in their individual and official capacities for denying him both procedural and substantive due process in violation of 42 U.S.C. § 1983 because of an act of corporal punishment administered to him on February...

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