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(Download) "Neal v. Fulton County Board of Education" by Arizona Court of Appeals ~ Book PDF Kindle ePub Free

Neal v. Fulton County Board of Education

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eBook details

  • Title: Neal v. Fulton County Board of Education
  • Author : Arizona Court of Appeals
  • Release Date : January 06, 2000
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 73 KB

Description

Plaintiff Durante Neal, a high school freshman and member of the varsity football team, appeals from the district courts dismissal of his complaint alleging that Tommy Ector, a high school teacher and football coach, violated his right under the Due Process Clause to be free from excessive corporal punishment. Ector allegedly struck Plaintiff with a metal weight lock, blinding him in one eye, as a form of punishment for Plaintiffs involvement in a fight with another student. The vast majority of Circuits have concluded that substantive due process principles established by the Supreme Court protect a student from corporal punishment that is intentional, obviously excessive, and creates a foreseeable risk of serious injury. Because we conclude that, on the facts alleged in this case, Plaintiff has stated a claim, we vacate the dismissal and remand for further proceedings.


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