CUNNINGHAM v. BEAVERS

No. 88-2304 Summary Calendar.

858 F.2d 269 (1988)

Crystal CUNNINGHAM per next friend Robert Ruby Cunningham, and Ashley Johnson per next friend, Larry Johnson, Plaintiffs-Appellants, v. Harry J. BEAVERS, Superintendent of Schools, Jacksonville Independent School District, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 26, 1988.


Attorney(s) appearing for the Case

Peter J. Riga, Houston, Tex., John B. Roesler, Santa Fe, N.M., for plaintiffs-appellants.

John C. Hardy, Hardy & Atherton, Tyler, Tex., James P. Moon, Simpson, Dowd, Kaplan, Lewis & Dowd, Dallas, Tex., for defendants-appellees.

Before CLARK, Chief Judge, JOHNSON and JOLLY, Circuit Judges.


E. GRADY JOLLY, Circuit Judge:

This case involves a civil rights action for money damages which the district court dismissed, finding that the plaintiffs had stated no claim of deprivation of their equal protection and due process rights when they were paddled by school authorities. Because the state of Texas allows for the corporal punishment of children, and provides adequate state criminal and tort remedies for excessive punishment, we affirm

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