HALL v. TAWNEY

No. 78-1553.

621 F.2d 607 (1980)

Faye Elizabeth HALL, as next friend and mother of Naomi Faye Hall, a minor, and Faye Elizabeth Hall and Bervin E. Hall in their own rights, on behalf of themselves and all others similarly situated, Appellants, v. G. Garrison TAWNEY, Individually; Bernard Claywell, Individually; John Kingery, former Superintendent of Schools for Roane County, in his individual capacity; Myles Spencer, Jo Ann Moore, Melvin Smith, Cecil Taylor, and Harry Taylor, Members of the Board of Education of Roane County, in their individual capacities; and Lonnie Canterbury, Superintendent of Schools for Roane County, in his individual capacity, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided May 9, 1980.


Attorney(s) appearing for the Case

Daniel F. Hedges, Charleston, W. Va., for appellant.

Richard E. Rowe, Charleston, W. Va. (Joseph R. Goodwin, Goodwin & Goodwin, Charleston, W. Va., on brief), Monty Preiser, Charleston, W. Va. (Stanley E. Preiser, Frederick D. Fahrenz, Preiser & Wilson Legal Corp., Charleston, W. Va., on brief), for appellees.

Before WINTER, BUTZNER and PHILLIPS, Circuit Judges.


JAMES DICKSON PHILLIPS, Circuit Judge:

Plaintiffs—Naomi Faye Hall, a minor, and her parents, Faye Elizabeth Hall and Bervin E. Hall—appeal the dismissal of their action brought under 42 U.S.C. § 1983 against various officials and employees of the school system of West Virginia, for alleged violation of their constitutional rights by the infliction of disciplinary corporal punishment upon Naomi, a student in the system. We affirm in part, reverse...

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