[DOWNLOAD] "Neal v. Fulton County Board of Education" by Arizona Court of Appeals # eBook PDF Kindle ePub Free
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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