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GLASER v. MARIETTA

Civ. A. No. 71-1209.

351 F.Supp. 555 (1972)

Bill GLASER, a minor, by his mother and natural guardian, Ruth Glaser, and Ruth Glaser, In her own right, on his behalf, Plaintiffs, v. Leslie H. MARIETTA, Superintendent of the School District of Northgate, et al., Defendants.

United States District Court, W. D. Pennsylvania.

November 1, 1972.

Attorney(s) appearing for the Case

Michael P. Malakoff, Berger & Kapetan, Pittsburgh, Pa., for plaintiffs.

William W. Milnes, Brandt, McManus, Brandt & Malone, Pittsburgh, Pa., for defendants.

OPINION

WEIS, District Judge.

The Northgate School District permits corporal punishment of students under carefully controlled situations. This suit challenges the right of the school to utilize such a disciplinary method on the grounds that it constitutes cruel and unusual punishment and, secondly, it usurps parental rights.

The underlying Pennsylvania legislation is found in Purdon's Statutes, Title 24 § 13-1317, which reads as follows:

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