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GOLDEN EX REL. v. ANDERS

No. 02-2702.

324 F.3d 650 (2003)

Marilyn GOLDEN, as parent and next friend of Timothy BALCH, a minor; Timothy Balch, a minor, Appellants, v. William A. ANDERS, individually and in his official capacity as principal of Hampton High School; Darrell Donaldson, individually and in his official capacity as superintendent of Hampton Public Schools; Debbie Fleming, individually and in her official capacity as a teacher at Hampton Elementary School; Hampton Public Schools, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: March 28, 2003.

Attorney(s) appearing for the Case

Brian Trubitt, argued, Arkadelphia, AR, for appellant.

William C. Brazil, argued, Conway, AR, for appellee.

Before HANSEN, Chief Judge, RICHARD S. ARNOLD, and BOWMAN, Circuit Judges.

BOWMAN, Circuit Judge.

High school principal William Anders forcefully restrained Timothy Balch, a sixth-grade student at Hampton Elementary School, who violently kicked a school vending machine and resisted the efforts of a teacher who tried to get him settled down. Balch's mother subsequently filed a suit under 42 U.S.C. § 1983 in which she alleged that Anders violated her son's substantive due-process rights. The District Court1

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