METZGER BY AND THROUGH METZGER v. OSBECK

No. 87-1453.

841 F.2d 518 (1988)

Charles METZGER, a minor By and Through his parents and natural guardians George METZGER and Dolores R. Metzger, his wife and George Metzger and Dolores Metzger v. Richard OSBECK, Individually and in his capacity as a teacher at Log College Junior High School and Centennial School District and Centennial School Board and Eugene Grossi, Stetson Avery, George J. Kelly, Patricia Brown, James H. Dunn, Raymond Regan, David R. Meyers, Barbara Rabinowitz, Hans Zutter, Individually and in their capacity as members of the Centennial School Board and Harry L. Clark, Individually and in his capacity as Principal of Log College Junior High School and Ronald Y. White. Appeal of Charles METZGER, a minor, and George Metzger and Dolores R. Metzger.

United States Court of Appeals, Third Circuit.

Decided March 11, 1988.


Attorney(s) appearing for the Case

Stacey Smith (argued), John M. McClure, Doylestown, Pa., for appellants.

John Philip Diefenderfer, Newtown, Pa., John A. Orlando (argued), James J. Donohue, White & Williams, Philadelphia, Pa., for appellees.

Before GIBBONS, Chief Judge, WEIS and GREENBERG, Circuit Judges.


OPINION OF THE COURT

GREENBERG, Circuit Judge.

This civil rights action, filed pursuant to 42 U.S.C. § 1983, arises from a poolside disciplinary encounter between teacher Richard Osbeck and student Charles Metzger at Log College Junior High School in Bucks County, Pennsylvania, from which Metzger emerged with a broken nose and other injuries requiring hospitalization. The district court granted a motion...

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