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BAKER v. OWEN

No. C-74-46-G.

395 F.Supp. 294 (1975)

Virginia BAKER and Russell Carl Baker, Plaintiffs, v. W. C. OWEN, Principal of Gibsonville School, et al., Defendants.

United States District Court, M. D. North Carolina, Greensboro Division.

Decided April 23, 1975.

Attorney(s) appearing for the Case

Norman B. Smith, Smith, Carrington, Patterson, Follin & Curtis, Greensboro, N. C., for plaintiffs.

Welch Jordan and William D. Caffrey, Jordan, Wright, Nichols, Caffrey & Hill, Greensboro, N. C., for defendants Owen and Langston.

John W. Hardy and Frank W. Bullock, Jr., Douglas, Ravenel, Hardy & Crihfield, Greensboro, N. C., for defendant Pearce.

Rufus L. Edmisten, Atty. Gen., of North Carolina, Andrew A. Vanore, Jr., Deputy Atty. Gen., and Raymond L. Yasser, Associate Atty. Gen., Raleigh, N. C., for defendant Edmisten.

Before CRAVEN, Circuit Judge, GORDON, Chief District Judge, and WARD, District Judge.

CRAVEN, Circuit Judge:

This three-judge court was convened to consider the claims of Russell Carl Baker and his mother that their constitutional rights were violated when Russell Carl was corporally punished by his teacher over his mother's objections and without procedural due process. Russell Carl, a sixth-grader, was paddled on December 6, 1973, for allegedly violating his teacher's announced rule against throwing kickballs...

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