HARRIS v. TATE COUNTY SCHOOL DIST.

No. 3:94CV49-S-D.

882 F.Supp. 90 (1995)

Lisa HARRIS as Natural Mother and Next Friend to Michael K. Stepp, Plaintiff, v. TATE COUNTY SCHOOL DISTRICT, et al., Defendants.

United States District Court, N.D. Mississippi, Western Division.

April 5, 1995.


Attorney(s) appearing for the Case

Bobby T. Vance, Batesville, MS, Amy D. Whitten, Tollison Law Firm, P.A., Oxford, MS, for plaintiff.

S.T. Rayburn, Timothy M. Threadgill, Mitchell, McNutt, Threadgill, Smith & Sams, Oxford, MS, for defendants.


OPINION

SENTER, Chief Judge.

In this case, plaintiff alleges that her young son was paddled by a teacher in violation of constitutional and state law. This cause is presently before the court on defendants' motion to dismiss for failure to state a claim of constitutional magnitude.

The issue is simple: Were the child's Fourteenth Amendment procedural or substantive due process rights violated by the imposition of corporal punishment? The answer...

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