ingraham
wright
argued
decided
april
petitioners
pupils
dade
county
junior
high
school
filed
action
federal
district
pursuant
damages
injunctive
declaratory
relief
respondent
school
officials
alleging
petitioners
students
subjected
disciplinary
corporal
punishment
violation
constitutional
rights
florida
statute
effect
authorized
corporal
punishment
teacher
consulted
principal
teacher
charge
school
specifying
punishment
degrading
unduly
severe
school
board
regulation
contained
specific
directions
limitations
authorizing
punishment
administered
recalcitrant
student
buttocks
wooden
paddle
evidence
showed
paddling
petitioners
exceptionally
harsh
district
granted
respondents
motion
dismiss
complaint
finding
basis
constitutional
relief
appeals
affirmed
held
cruel
unusual
punishments
clause
eighth
amendment
apply
disciplinary
corporal
punishment
public
schools
pp
history
eighth
amendment
decisions
make
clear
prohibition
cruel
unusual
punishment
designed
protect
convicted
crime
pp
need
wrench
eighth
amendment
historical
context
extend
public
school
disciplinary
practices
openness
public
school
supervision
community
afford
significant
safeguards
kinds
abuses
amendment
protects
convicted
criminals
safeguards
reinforced
legal
constraints
common
law
whereby
punishment
going
beyond
reasonably
necessary
proper
education
discipline
child
may
result
civil
criminal
liability
pp
due
process
clause
fourteenth
amendment
require
notice
hearing
prior
imposition
corporal
punishment
practice
authorized
limited
common
law
pp
liberty
within
meaning
fourteenth
amendment
implicated
public
school
authorities
acting
color
state
law
deliberately
punish
child
misconduct
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infliction
appreciable
physical
pain
freedom
bodily
restraint
punishment
within
liberty
interest
personal
security
historically
protected
state
deprivation
without
due
process
law
pp
longstanding
accommodation
child
interest
personal
security
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privilege
deprivation
substantive
rights
long
corporal
punishment
remains
within
limits
privilege
child
nonetheless
strong
interest
procedural
safeguards
minimize
risk
wrongful
punishment
provide
resolution
disputed
questions
justification
pp
florida
scheme
considered
light
openness
school
environment
affords
significant
protection
unjustified
corporal
punishment
schoolchildren
teacher
principal
must
exercise
prudence
restraint
decide
corporal
punishment
necessary
disciplinary
purposes
punishment
later
found
excessive
may
held
liable
damages
subject
criminal
penalties
state
thus
preserved
always
law
land
barnett
case
administrative
safeguards
significantly
less
compelling
otherwise
pp
imposing
additional
administrative
safeguards
constitutional
requirement
significantly
intrude
area
educational
responsibility
lies
primarily
public
school
authorities
prior
procedural
safeguards
require
diversion
educational
resources
school
authorities
may
abandon
corporal
punishment
disciplinary
measure
rather
incur
burdens
complying
procedural
requirements
incremental
benefit
invoking
constitution
impose
prior
notice
hearing
justify
costs
pp
powell
delivered
opinion
burger
stewart
blackmun
rehnquist
joined
white
filed
dissenting
opinion
brennan
marshall
stevens
joined
post
stevens
filed
dissenting
opinion
post
bruce
rogow
argued
cause
petitioners
briefs
howard
dixon
peter
siegel
frank
howard
argued
cause
filed
brief
respondents
michael
nussbaum
lucien
hilmer
ronald
precup
david
rubin
filed
brief
national
education
assn
amicus
curiae
urging
reversal
briefs
amici
curiae
urging
affirmance
filed
leon
fieldman
national
school
boards
assn
tobias
simon
elizabeth
du
fresne
teachers
dade
local
aft
gertrude
bacon
filed
brief
american
psychological
association
task
force
rights
children
youths
amicus
curiae
justice
powell
delivered
opinion
case
presents
questions
concerning
use
corporal
punishment
public
schools
first
whether
paddling
students
means
maintaining
school
discipline
constitutes
cruel
unusual
punishment
violation
eighth
amendment
second
extent
paddling
constitutionally
permissible
whether
due
process
clause
fourteenth
amendment
requires
prior
notice
opportunity
heard
petitioners
james
ingraham
roosevelt
andrews
filed
complaint
case
january
district
southern
district
florida
time
enrolled
charles
drew
junior
high
school
dade
county
ingraham
eighth
grade
andrews
ninth
complaint
contained
three
counts
alleging
separate
cause
action
deprivation
constitutional
rights
counts
one
two
individual
actions
damages
ingraham
andrews
based
paddling
incidents
allegedly
occurred
october
drew
junior
high
school
count
three
class
action
declaratory
injunctive
relief
filed
behalf
students
dade
county
schools
named
defendants
counts
respondents
willie
wright
principal
drew
junior
high
school
lemmie
deliford
assistant
principal
solomon
barnes
assistant
principal
edward
whigham
superintendent
dade
county
school
system
petitioners
presented
evidence
trial
district
close
petitioners
case
respondents
moved
dismissal
count
three
ground
upon
facts
law
plaintiff
shown
right
relief
fed
rule
civ
proc
ruling
evidence
insufficient
go
jury
counts
one
two
district
granted
motion
three
counts
dismissed
complaint
without
hearing
evidence
behalf
school
authorities
app
petitioners
evidence
may
summarized
briefly
school
year
many
schools
dade
county
used
corporal
punishment
means
maintaining
discipline
pursuant
florida
legislation
local
school
board
regulation
statute
effect
authorized
limited
corporal
punishment
negative
inference
proscribing
punishment
degrading
unduly
severe
inflicted
without
prior
consultation
principal
teacher
charge
school
stat
ann
regulation
dade
county
school
board
policy
contained
explicit
directions
limitations
authorized
punishment
consisted
paddling
recalcitrant
student
buttocks
flat
wooden
paddle
measuring
less
two
feet
long
three
four
inches
wide
inch
thick
normal
punishment
limited
one
five
licks
blows
paddle
resulted
apparent
physical
injury
student
school
authorities
viewed
corporal
punishment
less
drastic
means
discipline
suspension
expulsion
contrary
procedural
requirements
statute
regulation
teachers
often
paddled
students
authority
without
first
consulting
principal
petitioners
focused
drew
junior
high
school
school
ingraham
andrews
enrolled
fall
apparent
reference
drew
district
found
instances
punishment
characterized
severe
accepting
students
testimony
credible
took
place
one
junior
high
school
app
evidence
consisting
mainly
testimony
students
suggests
regime
drew
exceptionally
harsh
testimony
ingraham
andrews
support
individual
claims
damages
illustrative
slow
respond
teacher
instructions
ingraham
subjected
licks
paddle
held
table
principal
office
paddling
severe
suffered
hematoma
requiring
medical
attention
keeping
school
several
days
andrews
paddled
several
times
minor
infractions
two
occasions
struck
arms
depriving
full
use
arm
week
district
made
findings
credibility
students
testimony
rather
assuming
testimony
credible
found
constitutional
basis
relief
respect
count
three
class
action
concluded
punishment
authorized
practiced
generally
county
schools
violated
constitutional
right
respect
counts
one
two
individual
damages
actions
concluded
corporal
punishment
cases
violate
eighth
amendment
case
jury
lawfully
find
elements
severity
arbitrary
infliction
unacceptability
terms
contemporary
standards
gross
disproportion
necessary
bring
punishment
constitutional
level
cruel
unusual
punishment
panel
appeals
voted
reverse
panel
concluded
punishment
severe
oppressive
violate
eighth
fourteenth
amendments
procedures
outlined
policy
failed
satisfy
requirements
due
process
clause
upon
rehearing
en
banc
rejected
conclusions
affirmed
judgment
district
full
held
due
process
clause
require
notice
opportunity
heard
essence
refuse
set
forth
constitutionally
mandated
procedural
standards
activity
substantial
enough
constitutional
level
justify
time
effort
expended
school
adhering
procedures
justify
interference
federal
courts
internal
affairs
public
schools
think
misuse
judicial
power
determine
example
whether
teacher
acted
arbitrarily
paddling
particular
child
certain
behavior
whether
particular
instance
misconduct
five
licks
appropriate
punishment
ten
licks
ibid
ii
addressing
scope
eighth
amendment
prohibition
cruel
unusual
punishment
found
useful
refer
raditional
concepts
powell
texas
plurality
opinion
attitude
society
traditionally
taken
defining
requirements
procedural
due
process
fifth
fourteenth
amendments
attuned
always
law
land
barnett
traditional
ideas
fair
procedure
greene
mcelroy
therefore
begin
examining
way
traditions
laws
responded
use
corporal
punishment
public
schools
use
corporal
punishment
country
means
disciplining
schoolchildren
dates
back
colonial
period
survived
transformation
primary
secondary
education
colonials
reliance
optional
private
arrangements
present
system
compulsory
education
dependence
public
schools
despite
general
abandonment
corporal
punishment
means
punishing
criminal
offenders
practice
continues
play
role
public
education
schoolchildren
parts
country
professional
public
opinion
sharply
divided
practice
century
yet
discern
trend
toward
elimination
common
law
single
principle
governed
use
corporal
punishment
since
american
revolution
teachers
may
impose
reasonable
excessive
force
discipline
child
blackstone
catalogued
among
absolute
rights
individuals
right
security
corporal
insults
menaces
assaults
beating
wounding
blackstone
commentaries
regard
corporal
insult
teacher
inflict
moderate
correction
child
care
extent
force
necessary
answer
purposes
teacher
employed
blackstone
viewed
justifiable
lawful
basic
doctrine
changed
prevalent
rule
country
today
privileges
force
teacher
administrator
reasonably
believes
necessary
child
proper
control
training
education
restatement
second
torts
see
extent
force
excessive
unreasonable
educator
virtually
subject
possible
civil
criminal
liability
although
early
cases
viewed
authority
teacher
deriving
parents
concept
parental
delegation
replaced
view
consonant
compulsory
education
laws
state
may
impose
corporal
punishment
reasonably
necessary
proper
education
child
maintenance
group
discipline
harper
james
law
torts
circumstances
taken
account
determining
whether
punishment
reasonable
particular
case
among
important
considerations
seriousness
offense
attitude
past
behavior
child
nature
severity
punishment
age
strength
child
availability
less
severe
equally
effective
means
discipline
restatement
second
torts
comments
addressed
problem
legislation
authorized
moderate
use
corporal
punishment
public
schools
elaborated
test
reasonableness
typically
providing
approval
notification
child
parents
infliction
punishment
principal
presence
adult
witness
two
massachusetts
new
jersey
prohibited
corporal
punishment
public
schools
legislatures
acted
state
courts
uniformly
preserved
rule
permitting
teachers
use
reasonable
force
disciplining
children
charge
background
historical
contemporary
approval
reasonable
corporal
punishment
turn
constitutional
questions
us
iii
eighth
amendment
provides
excessive
bail
shall
required
excessive
fines
imposed
cruel
unusual
punishments
inflicted
bail
fines
punishment
traditionally
associated
criminal
process
subjecting
three
parallel
limitations
text
amendment
suggests
intention
limit
power
entrusted
function
government
examination
history
amendment
decisions
construing
proscription
cruel
unusual
punishment
confirms
designed
protect
convicted
crimes
adhere
limitation
hold
eighth
amendment
apply
paddling
children
means
maintaining
discipline
public
schools
history
eighth
amendment
well
known
text
taken
almost
verbatim
provision
virginia
declaration
rights
turn
derived
english
bill
rights
english
version
adopted
accession
william
mary
intended
curb
excesses
english
judges
reign
james
ii
historians
viewed
english
provision
reaction
either
bloody
assize
treason
trials
conducted
chief
justice
jeffreys
abortive
rebellion
duke
monmouth
perjury
prosecution
titus
oates
year
either
case
exclusive
concern
english
version
conduct
judges
enforcing
criminal
law
original
draft
introduced
house
commons
provided
requiring
excessive
bail
persons
committed
criminal
cases
imposing
excessive
fines
illegal
punishments
prevented
americans
adopted
language
part
english
bill
rights
framing
state
federal
constitutions
years
later
feared
imposition
torture
cruel
punishments
judges
acting
beyond
lawful
authority
also
legislatures
engaged
making
laws
judicial
authority
measured
weems
indeed
principal
concern
american
framers
appears
legislative
definition
crimes
punishments
kemmler
furman
georgia
brennan
concurring
american
provision
intended
restrain
government
broadly
english
model
subject
intended
apply
criminal
process
time
ratification
original
constitution
criticized
massachusetts
virginia
conventions
failure
provide
protection
persons
convicted
crimes
criticism
provided
impetus
inclusion
eighth
amendment
bill
rights
eighth
amendment
debated
first
congress
met
objection
cruel
unusual
punishments
clause
might
effect
outlawing
common
criminal
punishments
hanging
whipping
earcropping
annals
cong
objection
heeded
precisely
legislature
otherwise
unfettered
power
prescribe
punishments
crimes
furman
georgia
supra
light
history
surprising
find
every
decision
considering
whether
punishment
cruel
unusual
within
meaning
eighth
fourteenth
amendments
dealt
criminal
punishment
see
estelle
gamble
incarceration
without
medical
care
gregg
georgia
execution
murder
furman
georgia
supra
execution
murder
powell
texas
plurality
opinion
fine
public
drunkenness
robinson
california
incarceration
criminal
addiction
narcotics
trop
dulles
plurality
opinion
expatriation
desertion
louisiana
ex
rel
francis
resweber
execution
electrocution
failed
first
attempt
weems
supra
years
imprisonment
penalties
falsifying
official
document
howard
fleming
years
imprisonment
conspiracy
defraud
kemmler
supra
execution
electrocution
wilkerson
utah
execution
firing
squad
pervear
commonwealth
wall
fine
imprisonment
hard
labor
bootlegging
decisions
recognize
cruel
unusual
punishments
clause
circumscribes
criminal
process
three
ways
first
limits
kinds
punishment
imposed
convicted
crimes
estelle
gamble
supra
trop
dulles
supra
second
proscribes
punishment
grossly
disproportionate
severity
crime
weems
supra
third
imposes
substantive
limits
made
criminal
punished
robinson
california
supra
recognized
last
limitation
one
applied
sparingly
primary
purpose
cruel
unusual
punishments
clause
always
considered
properly
directed
method
kind
punishment
imposed
violation
criminal
statutes
powell
texas
supra
plurality
opinion
cases
occasion
confront
claims
impositions
outside
criminal
process
constituted
cruel
unusual
punishment
difficulty
finding
eighth
amendment
inapplicable
thus
fong
yue
ting
held
eighth
amendment
inapplicable
deportation
aliens
ground
deportation
punishment
crime
see
mahler
eby
bugajewitz
adams
uphaus
wyman
sustained
judgment
civil
contempt
resulting
incarceration
pending
compliance
subpoena
claim
judgment
imposed
cruel
unusual
punishment
emphasized
case
involved
essentially
civil
remedy
designed
benefit
parties
exercised
centuries
secure
compliance
judicial
decrees
quoting
green
dissenting
opinion
petitioners
acknowledge
original
design
cruel
unusual
punishments
clause
limit
criminal
punishments
urge
nonetheless
prohibition
extended
ban
paddling
schoolchildren
observing
framers
eighth
amendment
envisioned
present
system
public
compulsory
education
opportunities
noncriminal
punishments
petitioners
contend
extension
prohibition
cruel
punishments
necessary
lest
afford
greater
protection
criminals
schoolchildren
anomalous
say
schoolchildren
beaten
without
constitutional
redress
hardened
criminals
suffering
beatings
hands
jailers
might
valid
claim
eighth
amendment
see
jackson
bishop
cf
estelle
gamble
supra
whatever
force
logic
may
settings
find
inadequate
basis
wrenching
eighth
amendment
historical
context
extending
traditional
disciplinary
practices
public
schools
prisoner
schoolchild
stand
wholly
different
circumstances
separated
harsh
facts
criminal
conviction
incarceration
prisoner
conviction
entitles
state
classify
criminal
incarceration
deprives
freedom
family
friends
form
enduring
attachments
normal
life
morrissey
brewer
see
meachum
fano
prison
brutality
appeals
observed
case
part
total
punishment
individual
subjected
crime
proper
subject
eighth
amendment
scrutiny
even
protection
afforded
eighth
amendment
limited
incarceration
unnecessary
wanton
infliction
pain
estelle
gamble
quoting
gregg
georgia
constitutes
cruel
unusual
punishment
forbidden
eighth
amendment
schoolchild
little
need
protection
eighth
amendment
though
attendance
may
always
voluntary
public
school
remains
open
institution
except
perhaps
young
child
physically
restrained
leaving
school
school
hours
end
school
day
child
invariably
free
return
home
even
school
child
brings
support
family
friends
rarely
apart
teachers
pupils
may
witness
protest
instances
mistreatment
openness
public
school
supervision
community
afford
significant
safeguards
kinds
abuses
eighth
amendment
protects
prisoner
virtually
every
community
corporal
punishment
permitted
schools
safeguards
reinforced
legal
constraints
common
law
public
school
teachers
administrators
privileged
common
law
inflict
corporal
punishment
reasonably
necessary
proper
education
discipline
child
punishment
going
beyond
privilege
may
result
civil
criminal
liability
see
part
ii
supra
long
schools
open
public
scrutiny
reason
believe
constraints
effectively
remedy
deter
excesses
alleged
case
conclude
public
school
teachers
administrators
impose
disciplinary
corporal
punishment
eighth
amendment
inapplicable
pertinent
constitutional
question
whether
imposition
consonant
requirements
due
process
iv
fourteenth
amendment
prohibits
state
deprivation
life
liberty
property
without
due
process
law
application
prohibition
requires
familiar
analysis
must
first
ask
whether
asserted
individual
interest
encompassed
within
fourteenth
amendment
protection
life
liberty
property
protected
interests
implicated
must
decide
procedures
constitute
due
process
law
morrissey
brewer
board
regents
roth
see
friendly
kind
hearing
rev
following
analysis
find
corporal
punishment
public
schools
implicates
constitutionally
protected
liberty
interest
hold
traditional
remedies
fully
adequate
afford
due
process
range
interests
protected
procedural
due
process
infinite
board
regents
roth
supra
repeatedly
rejected
notion
grievous
loss
visited
upon
person
state
sufficient
invoke
procedural
protections
due
process
clause
meachum
fano
due
process
required
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process
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roth
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rochin
california
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hold
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process
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fourteenth
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liberty
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mcgrath
frankfurter
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rooted
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child
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avoiding
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public
school
authorities
subject
historical
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common
law
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gave
rise
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recover
damages
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blackstone
commentaries
right
recovery
qualified
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justification
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teacher
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justifiable
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see
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ii
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represents
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country
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ullman
harlan
dissenting
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security
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longstanding
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child
interest
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totally
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never
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unfair
goss
lopez
deliberate
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punishment
child
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purpose
risk
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liberty
unjustified
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child
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interest
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provide
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justification
turn
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florida
law
florida
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recognize
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child
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law
teacher
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decide
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whether
corporal
punishment
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order
discipline
child
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must
exercise
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florida
preserved
traditional
judicial
proceedings
determining
whether
punishment
justified
punishment
inflicted
later
found
excessive
reasonably
believed
time
necessary
child
discipline
training
school
authorities
inflicting
may
held
liable
damages
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malice
shown
may
subject
criminal
penalties
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students
testified
case
specific
instances
abuse
every
reason
believe
mistreatment
aberration
uncontradicted
evidence
suggests
corporal
punishment
dade
county
schools
ith
exception
cases
unremarkable
physical
severity
app
moreover
paddlings
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directly
observed
teachers
presence
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threatens
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condemns
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loss
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mcgrath
frankfurter
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cases
severe
punishment
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available
civil
criminal
sanctions
abuse
considered
light
openness
school
environment
afford
significant
protection
unjustified
corporal
punishment
see
supra
teachers
school
authorities
unlikely
inflict
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punishment
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excessively
possible
consequence
institution
civil
criminal
proceedings
still
may
argued
course
child
liberty
interest
better
protected
remedies
supplemented
administrative
safeguards
prior
notice
hearing
found
frequently
kind
prior
hearing
necessary
guard
arbitrary
impositions
interests
protected
fourteenth
amendment
see
board
regents
roth
wolff
mcdonnell
cf
friendly
state
preserved
always
law
land
barnett
case
administrative
safeguards
significantly
less
compelling
relevant
analogy
criminal
law
although
fourth
amendment
specifically
proscribes
seizure
person
without
probable
cause
risk
police
act
unreasonably
arresting
suspect
thought
require
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determination
facts
watson
reaffirmed
traditional
rule
police
officers
may
make
warrantless
public
arrests
probable
cause
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observed
advance
determination
probable
cause
magistrate
desirable
declined
transform
judicial
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rule
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nation
congress
long
authorize
warrantless
public
arrests
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cause
see
powell
concurring
despite
distinct
possibility
police
officer
may
improperly
assess
facts
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unconstitutionally
deprive
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declined
depart
traditional
rule
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subjected
judicial
scrutiny
fact
reason
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require
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safeguards
intrusions
personal
security
fourth
amendment
apply
even
need
advance
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clear
question
remain
whether
incremental
benefit
justify
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acceptance
petitioners
claims
work
transformation
law
governing
corporal
punishment
florida
given
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rule
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process
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severity
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prior
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seek
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constitutional
requirement
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burden
use
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punishment
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measure
hearings
even
informal
hearings
require
time
personnel
diversion
attention
normal
school
pursuits
school
authorities
may
well
choose
abandon
corporal
punishment
rather
incur
burdens
complying
procedural
requirements
teachers
properly
concerned
maintaining
authority
classroom
may
well
prefer
rely
disciplinary
measures
may
view
less
effective
rather
confront
possible
disruption
prior
notice
hearing
may
entail
paradoxically
alteration
disciplinary
policy
likely
occur
ordinary
case
contemplated
punishment
well
within
privilege
elimination
curtailment
corporal
punishment
welcomed
many
societal
advance
policy
choice
may
result
determination
asserted
right
due
process
rather
normal
processes
community
debate
legislative
action
societal
costs
dismissed
insubstantial
reviewing
legislative
judgment
rooted
history
reaffirmed
laws
many
corporal
punishment
serves
important
educational
interests
judgment
must
viewed
light
disciplinary
problems
schools
noted
goss
lopez
events
calling
discipline
frequent
occurrences
sometimes
require
immediate
effective
action
assessment
need
appropriate
means
maintaining
school
discipline
committed
generally
discretion
school
authorities
subject
state
law
repeatedly
emphasized
need
affirming
comprehensive
authority
school
officials
consistent
fundamental
constitutional
safeguards
prescribe
control
conduct
schools
tinker
des
moines
school
point
benefit
additional
safeguard
individual
affected
society
terms
increased
assurance
action
may
outweighed
cost
mathews
eldridge
think
point
reached
case
view
low
incidence
abuse
openness
schools
safeguards
already
exist
risk
error
may
result
violation
schoolchild
substantive
rights
regarded
minimal
imposing
additional
administrative
safeguards
constitutional
requirement
might
reduce
risk
marginally
also
entail
significant
intrusion
area
primary
educational
responsibility
conclude
due
process
clause
require
notice
hearing
prior
imposition
corporal
punishment
public
schools
practice
authorized
limited
common
law
petitioners
prevail
either
theories
us
case
eighth
amendment
prohibition
cruel
unusual
punishment
inapplicable
school
paddlings
fourteenth
amendment
requirement
procedural
due
process
satisfied
florida
preservation
constraints
remedies
therefore
agree
appeals
petitioners
evidence
affords
basis
injunctive
relief
petitioners
recover
damages
basis
eighth
amendment
procedural
due
process
violation
affirmed
footnotes
district
certified
class
fed
rules
civ
proc
follows
students
dade
county
school
system
subject
corporal
punishment
policies
issued
defendant
dade
county
school
board
app
one
student
specifically
excepted
class
request
complaint
also
named
dade
county
school
board
defendant
appeals
held
board
amenable
suit
dismissed
suit
board
want
jurisdiction
aspect
appeals
judgment
us
petitioners
waived
right
jury
trial
claims
damages
counts
one
two
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district
proceeded
initially
hear
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claim
injunctive
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close
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evidence
offered
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together
certain
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purposes
motion
directed
verdict
also
offered
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understood
respondents
reassert
right
jury
trial
motion
denied
app
evidence
show
many
schools
actually
employed
corporal
punishment
means
maintaining
discipline
authorization
practice
school
board
extended
schools
school
year
least
schools
administer
corporal
punishment
matter
school
policy
school
year
provided
teacher
member
staff
school
shall
assume
authority
control
pupils
may
assigned
principal
shall
keep
good
order
classroom
places
assigned
charge
pupils
shall
inflict
corporal
punishment
consulting
principal
teacher
charge
school
case
shall
punishment
degrading
unduly
severe
nature
effective
july
florida
legislature
amended
law
governing
corporal
punishment
section
reads
subject
law
rules
district
school
board
teacher
member
staff
school
shall
authority
control
discipline
students
may
assigned
principal
designated
representative
shall
keep
good
order
classroom
places
assigned
charge
students
teacher
feels
corporal
punishment
necessary
least
following
procedures
shall
followed
use
corporal
punishment
shall
approved
principle
principal
used
approval
necessary
specific
instance
used
teacher
principal
may
administer
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punishment
presence
another
adult
informed
beforehand
student
presence
reason
punishment
teacher
principal
administered
punishment
shall
upon
request
provide
pupil
parent
guardian
written
explanation
reason
punishment
name
adult
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stat
ann
codifier
notation
omitted
corporal
punishment
defined
moderate
use
physical
force
physical
contact
teacher
principal
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maintain
discipline
enforce
school
rules
local
school
boards
expressly
authorized
adopt
rules
governing
student
conduct
discipline
directed
make
available
codes
student
conduct
teachers
principals
given
immunity
civil
criminal
liability
enforcing
disciplinary
rules
xcept
case
excessive
force
cruel
unusual
punishment
school
year
policy
authorized
corporal
punishment
failure
means
seeking
cooperation
student
made
use
necessary
regulation
specified
principal
determine
necessity
corporal
punishment
student
understand
seriousness
offense
reason
punishment
punishment
administered
presence
another
adult
circumstances
calculated
hold
student
shame
ridicule
regulation
cautioned
using
corporal
punishment
student
psychological
medical
treatment
warned
person
administering
punishment
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realize
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liabilities
case
physical
injury
app
litigation
pending
district
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county
school
board
amended
policy
standardize
size
paddles
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accordance
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text
proscribe
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child
paddle
elsewhere
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limit
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five
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seven
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grades
require
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need
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original
panel
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stedman
medical
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ed
defines
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similar
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summarized
original
panel
opinion
appeals
denied
review
third
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presented
petition
certiorari
infliction
severe
corporal
punishment
upon
public
school
students
arbitrary
capricious
unrelated
achieving
legitimate
educational
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therefore
violative
due
process
clause
fourteenth
amendment
pet
cert
see
falk
corporal
punishment
edwards
richey
school
american
social
order
public
compulsory
education
existed
new
england
revolution
see
demand
free
public
schools
know
gain
momentum
country
whole
compulsory
school
attendance
laws
force
see
brown
board
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citing
cubberley
public
education
ed
cf
wisconsin
yoder
see
jackson
bishop
falk
supra
see
larson
karpas
effective
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reitman
follman
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corporal
punishment
public
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report
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scholarly
opinion
use
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reardon
reynolds
corporal
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pennsylvania
national
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force
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see
gregg
georgia
joint
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stewart
powell
stevens
jj
hereinafter
joint
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furman
georgia
marshall
concurring
granucci
cruel
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preamble
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counsellors
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ministers
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excessive
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excessive
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cruel
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perry
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commentaries
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abraham
holmes
massachusetts
complained
specifically
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virginia
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gregg
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cf
gault
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eighth
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glick
cert
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putting
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white
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purposive
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eighth
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infra
applicability
eighth
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original
meaning
demonstrated
historical
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gregg
georgia
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furman
georgia
marshall
concurring
dissenting
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child
ear
late
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rhetoric
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presented
case
laws
virtually
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forbid
excessive
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schoolchildren
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logic
dissent
make
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disciplinary
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matter
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broad
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eighth
amendment
scrutiny
appropriate
state
complied
constitutional
guarantees
traditionally
associated
criminal
prosecutions
see
lovett
thus
trop
dulles
plurality
appropriately
took
view
denationalization
impermissible
punishment
wartime
desertion
eighth
amendment
desertion
already
established
criminal
trial
kennedy
considered
denationalization
punishment
evading
draft
refused
reach
eighth
amendment
issue
holding
instead
punishment
imposed
criminal
process
cases
demonstrate
state
acquire
power
punish
eighth
amendment
concerned
secured
formal
adjudication
guilt
accordance
due
process
law
state
seeks
impose
punishment
without
adjudication
pertinent
constitutional
guarantee
due
process
clause
fourteenth
amendment
see
blackstone
commentaries
article
magna
carta
individual
deprived
right
personal
security
except
legal
judgment
peers
law
land
perry
cooper
supra
subsequent
enactments
parliament
time
edward
iii
right
protected
deprivation
except
due
process
law
see
shattuck
true
meaning
term
liberty
harv
rev
see
skinner
oklahoma
sterilization
jacobson
massachusetts
vaccination
union
pacific
botsford
physical
examinations
cf
icc
brimson
right
personal
security
also
protected
fourth
amendment
made
applicable
fourteenth
protection
viewed
implicit
concept
ordered
liberty
enshrined
history
basic
constitutional
documents
peoples
wolf
colorado
said
fourth
amendment
overriding
function
protect
personal
privacy
dignity
unwarranted
intrusion
state
schmerber
california
principal
concern
amendment
prohibition
unreasonable
searches
seizures
intrusions
privacy
course
criminal
investigations
see
whalen
roe
petitioners
contend
fourth
amendment
applies
according
terms
corporal
punishment
public
school
unlike
goss
lopez
case
involve
property
interest
public
education
purpose
corporal
punishment
correct
child
behavior
without
interrupting
education
corporal
punishment
may
rare
case
unintended
effect
temporarily
removing
child
school
affords
basis
concluding
practice
deprives
students
property
protected
fourteenth
amendment
case
involve
interest
liberty
going
beyond
fourteenth
amendment
protection
freedom
bodily
restraint
corporal
punishment
cf
meachum
fano
privilege
inflict
reasonable
corporal
punishment
school
inapplicable
doubtful
whether
procedure
short
trial
criminal
juvenile
satisfy
requirements
procedural
due
process
imposition
punishment
see
lovett
cf
breed
jones
see
supra
statutory
prohibition
degrading
unnecessarily
severe
corporal
punishment
former
construed
statement
principle
see
op
atty
biennial
report
atty
cf
op
atty
biennial
report
atty
florida
stat
ann
makes
malicious
punishment
child
felony
district
app
appeals
expressed
view
tort
remedy
available
petitioners
case
petitioners
conceded
teacher
inflicts
excessive
punishment
child
may
held
civilly
criminally
liable
florida
law
brief
petitioners
tr
oral
arg
view
statutory
adoption
rule
unanimity
parties
courts
doubts
expressed
justice
white
dissenting
opinion
availability
tort
remedies
florida
viewed
chimerical
dissent
makes
much
fact
florida
ever
recognized
damages
remedy
unreasonable
corporal
punishment
post
absence
reported
florida
decisions
hardly
suggests
remedy
available
rather
merely
confirms
commonsense
judgment
excessive
corporal
punishment
exceedingly
rare
public
schools
low
incidence
abuse
availability
established
judicial
remedies
event
abuse
distinguish
case
goss
lopez
ohio
law
struck
goss
provided
suspensions
public
school
days
without
written
procedure
applicable
suspensions
although
ohio
law
provided
generally
administrative
review
ohio
rev
code
ann
supp
assumed
short
suspensions
stayed
pending
review
result
review
proceeding
serve
neither
deterrent
remedial
function
circumstances
held
law
authorizing
suspensions
unconstitutional
failure
require
least
informal
student
disciplinarian
preferably
prior
suspension
subsequent
civil
criminal
proceedings
available
case
may
viewed
affording
substantially
greater
protection
child
informal
conference
mandated
goss
rior
hearings
might
well
dispensed
many
circumstances
state
conduct
adequately
justified
constitute
tort
leave
injured
plaintiff
precisely
posture
plaintiff
procedural
consequence
quite
harmonious
substantive
view
fourteenth
amendment
encompasses
liberties
protected
common
law
monaghan
liberty
property
cornell
rev
omitted
see
bonner
coughlin
modified
en
banc
cert
pending
occasion
case
see
supra
decide
whether
circumstances
corporal
punishment
public
school
child
may
give
rise
independent
federal
cause
action
vindicate
substantive
rights
due
process
clause
see
also
terry
ohio
reasonableness
warrantless
public
arrest
may
subjected
subsequent
judicial
scrutiny
civil
action
law
enforcement
officer
suppression
hearing
determine
whether
evidence
seized
arrest
may
used
criminal
trial
rocedural
due
process
rules
shaped
risk
error
inherent
truthfinding
process
applied
generality
cases
rare
exceptions
mathews
eldridge
prior
hearing
inevitable
attendant
publicity
within
school
resulted
rejection
teacher
recommendation
consequent
impairment
teacher
ability
maintain
discipline
classroom
insubstantial
effect
interposing
prior
procedural
safeguards
may
well
make
punishment
severe
increasing
anxiety
child
reason
school
authorities
dade
county
found
desirable
punishment
inflicted
soon
possible
infraction
app
may
true
procedural
regularity
disciplinary
proceedings
promotes
sense
institutional
rapport
open
communication
perception
fair
treatment
provides
offender
fellow
students
showcase
democracy
work
espect
democratic
institutions
equally
dissipate
thought
ineffectual
provide
students
environment
order
educational
process
may
go
forward
wilkinson
goss
lopez
school
superintendent
sup
rev
seriousness
disciplinary
problems
nation
public
schools
documented
recent
congressional
report
senate
committee
judiciary
subcommittee
investigate
juvenile
delinquency
challenge
third
century
education
safe
environment
final
report
nature
prevention
school
violence
vandalism
sess
comm
print
need
maintain
order
trial
courtroom
raises
similar
problems
context
recognized
power
trial
judge
punish
summarily
without
notice
hearing
contemptuous
conduct
committed
presence
observed
taylor
hayes
citing
ex
parte
terry
punishment
imposed
may
severe
six
months
prison
see
codispoti
pennsylvania
cf
muniz
hoffman
justice
white
dissenting
opinion
offers
manageable
standards
determining
process
due
particular
case
dissent
apparently
require
general
rule
informal
student
disciplinarian
post
dissent
depart
minimal
procedures
requiring
even
witnesses
counsel
cases
punishment
reaches
undefined
level
severity
post
school
authorities
left
guess
degree
punishment
require
informal
additional
process
may
constitutionally
required
impracticality
approach
illustrates
hazards
ignoring
traditional
solution
common
law
agree
dissent
goss
procedures
often
anything
less
school
principal
impose
upon
post
quoting
goss
invokes
constitution
impose
procedural
requirement
reasonably
certain
effect
afford
protection
appropriate
constitutional
interests
stake
dissenting
opinion
reading
constitution
suggests
beneficial
result
indeed
invites
lowering
existing
constitutional
standards
justice
white
justice
brennan
justice
marshall
justice
stevens
join
dissenting
today
holds
corporal
punishment
public
schools
matter
severe
never
subject
protections
afforded
eighth
amendment
also
holds
students
public
school
systems
constitutionally
entitled
hearing
sort
beatings
inflicted
believe
holdings
inconsistent
prior
decisions
contrary
reasoned
analysis
constitutional
provisions
involved
respectfully
dissent
eighth
amendment
places
flat
prohibition
infliction
cruel
unusual
punishments
reflects
societal
judgment
punishments
barbaric
inhumane
permit
imposed
anyone
matter
opprobrious
offense
see
robinson
california
douglas
concurring
punishments
barbaric
may
imposed
commission
crimes
designated
social
system
thoroughly
reprehensible
acts
individual
commit
fortiori
similar
punishments
may
imposed
persons
less
culpable
acts
breaches
school
discipline
thus
constitutionally
impermissible
cut
someone
ear
commission
murder
must
unconstitutional
cut
child
ear
late
class
although
ears
cut
case
record
reveals
beatings
severe
inflicted
hardened
criminal
commission
serious
crime
might
pass
constitutional
muster
nevertheless
majority
holds
eighth
amendment
designed
protect
convicted
crimes
ante
relying
vague
inconclusive
recitation
history
amendment
yet
constitutional
prohibition
cruel
unusual
punishments
nowhere
prohibition
limited
modified
language
constitution
certainly
fact
framers
choose
insert
word
criminal
language
eighth
amendment
strong
evidence
amendment
designed
prohibit
inhumane
barbaric
punishments
matter
nature
offense
punishment
imposed
one
deny
spanking
schoolchildren
punishment
reasonable
reading
word
similarities
spanking
public
schools
forms
punishment
obvious
ignore
like
forms
punishment
spanking
schoolchildren
involves
institutionalized
response
violation
official
rule
regulation
proscribing
certain
conduct
imposed
purpose
rehabilitating
offender
deterring
offender
others
like
committing
violation
future
inflicting
measure
social
retribution
harm
done
fortunate
society
punishments
severe
enough
raise
doubt
constitutional
validity
ordinarily
imposed
without
first
affording
accused
full
panoply
procedural
safeguards
provided
criminal
process
effect
every
decision
considering
whether
punishment
cruel
unusual
within
meaning
eighth
fourteenth
amendments
dealt
criminal
punishment
ante
us
believe
fact
recognized
distinction
criminal
noncriminal
punishment
purposes
eighth
amendment
plainly
wrong
ven
clear
legislative
classification
statute
alter
fundamental
nature
plainly
penal
statute
trop
dulles
plurality
opinion
relevant
inquiry
whether
offense
punishment
inflicted
labeled
criminal
whether
purpose
deprivation
among
ordinarily
associated
punishment
retribution
rehabilitation
deterrence
cf
kennedy
purposive
approach
followed
present
case
clear
spanking
florida
public
schools
punishment
within
meaning
eighth
amendment
district
found
orporal
punishment
one
variety
measures
employed
school
system
correction
pupil
behavior
preservation
order
app
behavior
correction
preservation
order
purposes
ordinarily
associated
punishment
without
even
mentioning
purposive
analysis
applied
prior
decisions
majority
adopts
rule
turns
label
given
offense
punishment
inflicted
thus
record
case
reveals
one
student
drew
junior
high
school
received
licks
paddle
allegedly
making
obscene
telephone
call
brief
petitioners
majority
holds
eighth
amendment
prohibit
punishment
since
inflicted
breach
school
discipline
however
conduct
punishable
misdemeanor
florida
law
stat
ann
supp
little
doubt
punishment
inflicted
officer
state
courts
violation
satisfy
requirements
eighth
amendment
fact
recognizes
eighth
amendment
never
confined
criminal
punishments
nevertheless
majority
adheres
view
protections
afforded
eighth
amendment
must
something
criminals
therefore
confine
exceptions
general
rule
criminal
punishments
covered
eighth
amendment
abuses
inflicted
prisoners
thus
prisoner
beaten
mercilessly
breach
discipline
entitled
protection
eighth
amendment
schoolchild
commits
breach
discipline
similarly
beaten
simply
covered
purported
explanation
anomaly
assertion
schoolchildren
need
eighth
amendment
told
schools
open
institutions
subject
constant
public
scrutiny
schoolchildren
adequate
remedies
state
law
prisoners
suffer
social
stigma
labeled
criminals
policy
considerations
got
constitution
difficult
discern
never
considered
factors
determining
scope
eighth
amendment
essence
majority
argument
schoolchildren
need
eighth
amendment
protection
corporal
punishment
less
subject
abuse
public
schools
prison
system
however
reasonably
suggested
cruel
unusual
punishments
may
occur
less
frequently
public
scrutiny
occur
mere
fact
public
flogging
public
execution
available
see
render
punishment
constitutional
otherwise
impermissible
similarly
majority
suggest
prisoner
placed
prison
permitted
go
home
family
weekends
less
entitled
eighth
amendment
protections
counterpart
prison
short
punishment
barbaric
inhumane
goes
beyond
tolerance
civilized
society
openness
public
scrutiny
nothing
constitutional
validity
adequate
answer
schoolchildren
may
state
constitutional
remedies
available
even
assuming
remedies
available
public
school
students
adequate
florida
law
availability
state
remedies
never
determinative
coverage
protections
afforded
eighth
amendment
reason
obvious
fact
person
may
cause
action
public
official
tortures
thumbscrew
commission
antisocial
act
nothing
fact
official
conduct
cruel
unusual
punishment
prohibited
eighth
amendment
indeed
majority
view
implicitly
rejected
term
estelle
gamble
held
failure
provide
medical
needs
prisoners
constitute
cruel
unusual
punishment
even
though
medical
malpractice
remedy
tort
available
prisoners
state
law
holding
eighth
amendment
protects
criminals
majority
adopts
view
one
entitled
protections
afforded
eighth
amendment
punished
acts
sufficiently
opprobrious
society
make
criminal
curious
holding
view
fact
culpable
offender
likely
punishment
disproportionate
offense
consequently
less
likely
punishment
cruel
unusual
conversely
public
school
student
spanked
mere
breach
discipline
may
sometimes
strong
argument
punishment
fit
offense
depending
upon
severity
beating
therefore
cruel
unusual
yet
majority
afford
student
protection
matter
inhumane
barbaric
punishment
inflicted
might
issue
presented
phase
case
limited
whether
corporal
punishment
public
schools
ever
prohibited
eighth
amendment
therefore
suggesting
spanking
public
schools
every
instance
prohibited
eighth
amendment
view
take
issue
extreme
view
majority
corporal
punishment
public
schools
matter
barbaric
inhumane
severe
never
limited
eighth
amendment
corporal
punishment
becomes
severe
unacceptable
civilized
society
see
reason
become
acceptable
inflicted
children
public
schools
ii
majority
concedes
corporal
punishment
public
schools
implicates
interest
protected
due
process
clause
liberty
interest
student
free
bodily
restraint
punishment
involving
appreciable
physical
pain
inflicted
persons
acting
color
state
law
ante
question
remaining
majority
recognizes
process
due
reason
constitution
requires
state
provide
due
process
law
punishes
individual
misconduct
protect
individual
erroneous
mistaken
punishment
state
inflicted
found
facts
reliable
way
see
mathews
eldridge
goss
lopez
applied
principle
school
disciplinary
process
holding
student
must
given
informal
opportunity
heard
finally
suspended
public
school
disciplinarians
although
proceeding
utmost
good
faith
frequently
act
reports
advice
others
controlling
facts
nature
conduct
challenge
often
disputed
risk
error
trivial
guarded
may
done
without
prohibitive
cost
interference
educational
process
emphasis
added
holds
rudimentary
precautions
unfair
mistaken
findings
misconduct
required
student
punished
appreciable
physical
pain
rather
suspension
even
though
punishments
deprive
student
constitutionally
protected
interest
although
respondent
school
authorities
provide
absolutely
process
student
punishment
finally
inflicted
majority
concludes
student
nonetheless
given
due
process
later
sue
teacher
recover
damages
punishment
excessive
tort
action
utterly
inadequate
protect
erroneous
infliction
punishment
two
reasons
first
florida
law
student
punished
act
commit
recover
damages
teacher
proceeding
utmost
good
faith
reports
advice
others
supra
student
remedy
punishment
imposed
basis
mistaken
facts
least
long
punishment
reasonable
point
view
disciplinarian
uninformed
prior
hearing
traditional
remedies
majority
relies
ante
thus
nothing
protect
student
danger
concerned
goss
risk
reasonable
mistake
school
disciplinary
process
second
important
even
student
sue
error
infliction
punishment
lawsuit
occurs
punishment
finally
imposed
infliction
physical
pain
final
irreparable
undone
subsequent
proceeding
every
reason
require
goss
minutes
informal
student
disciplinarian
meaningful
hedge
erroneous
infliction
irreparable
injury
majority
conclusion
damages
remedy
excessive
corporal
punishment
affords
adequate
process
rests
novel
theory
state
may
punish
individual
without
giving
opportunity
present
side
story
long
later
recover
damages
state
official
innocent
logic
theory
permit
state
punished
speeding
jail
sentence
make
driver
serve
sentence
first
without
trial
sue
recover
damages
wrongful
imprisonment
similarly
state
finally
take
away
prisoner
credits
alleged
disciplinary
infractions
require
bring
damages
suit
eventually
released
authority
theory
majority
purport
find
procedural
due
process
decisions
cases
consistently
held
kind
hearing
required
time
person
finally
deprived
property
interests
person
liberty
equally
protected
wolff
mcdonnell
emphasis
added
majority
attempts
support
novel
theory
drawing
analogy
warrantless
arrests
probable
cause
held
reasonable
fourth
amendment
watson
analogy
fails
two
reasons
first
particular
requirements
fourth
amendment
rooted
ancient
rule
regulating
police
practices
must
understood
context
criminal
justice
system
amendment
explicitly
tailored
thus
gerstein
pugh
speaking
justice
powell
rejected
argument
procedural
protections
required
goss
due
process
cases
afforded
criminal
suspect
arrested
without
warrant
fourth
amendment
tailored
explicitly
criminal
justice
system
balance
individual
public
interests
always
thought
define
process
due
seizures
person
property
criminal
cases
including
detention
suspects
pending
trial
moreover
fourth
amendment
probable
cause
determination
fact
first
stage
elaborate
system
unique
jurisprudence
designed
safeguard
rights
accused
criminal
conduct
relatively
simple
civil
procedures
prior
interview
school
principal
suspension
presented
procedural
due
process
cases
cited
concurring
opinion
inapposite
irrelevant
wholly
different
context
criminal
justice
system
emphasis
last
sentence
added
second
contrary
majority
suggestion
ante
reason
upheld
warrantless
arrests
probable
cause
police
officer
assessment
facts
may
subjected
subsequent
judicial
scrutiny
civil
action
law
enforcement
officer
suppression
hearing
reason
upheld
arrests
without
warrants
first
stage
elaborate
system
procedural
protections
gerstein
pugh
supra
state
free
continue
deprivation
beyond
first
stage
without
procedures
constitution
requires
state
provide
fair
reliable
determination
probable
cause
judicial
officer
prior
imposition
significant
pretrial
restraint
liberty
brief
period
detention
take
administrative
steps
incident
warrantless
arrest
omitted
emphasis
added
practical
compromise
made
necessary
requiring
magistrate
review
factual
justification
prior
arrest
constitute
intolerable
handicap
legitimate
law
enforcement
determination
prior
significant
period
pretrial
incarceration
rather
damages
action
suppression
hearing
affords
suspect
due
process
short
basis
logic
authority
majority
suggestion
action
recover
damages
excessive
corporal
punishment
afford
substantially
greater
protection
child
informal
conference
mandated
goss
majority
purports
follow
settled
principle
process
due
depends
risk
erroneous
deprivation
protected
interest
probable
value
additional
substitute
procedural
safeguards
recognizes
goss
risk
error
school
disciplinary
process
concedes
child
strong
interest
procedural
safeguards
minimize
risk
wrongful
punishment
ante
somehow
concludes
risk
adequately
reduced
damages
remedy
never
recognized
florida
leaves
unprotected
innocent
student
punished
mistake
allows
state
punish
first
hear
student
version
events
later
agree
majority
emphasizes
dissenters
goss
even
rudimentary
precautions
required
decision
impose
burden
school
disciplinary
process
costs
greater
student
paddled
rather
suspended
risk
error
punishment
smaller
fear
significant
intrusion
disciplinary
process
ante
cf
goss
supra
powell
dissenting
exaggerated
disciplinarian
need
take
minutes
give
student
notice
charges
denies
explanation
evidence
authorities
opportunity
present
side
story
context
constitution
requires
anything
less
school
principal
impose
upon
order
avoid
injustice
reverse
judgment
little
reason
fear
eighth
amendment
held
apply
corporal
punishment
schoolchildren
paddlings
however
moderate
prohibited
jackson
bishop
held
paddling
flogging
prisoners
convicted
crime
serving
prison
terms
violated
cruel
unusual
punishment
ban
eighth
amendment
aside
fact
bishop
never
embraced
theory
case
bodily
punishments
intrinsically
barbaric
excessively
severe
paddling
prisoners
degrading
punisher
punished
alike
approach
may
acceptable
criminal
justice
system
little
relevance
corporal
punishment
schools
hardly
said
use
moderate
paddlings
discipline
children
inconsistent
country
evolving
standards
decency
hand
punishment
involves
cruel
severe
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chopping
ear
something
merely
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involved
whenever
given
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punishment
cruel
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inhumane
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think
reason
less
inhumane
barbaric
inflicted
schoolchild
punishment
classroom
misconduct
issue
case
whether
spankings
inflicted
public
school
children
breaking
school
rules
punishment
whether
punishment
cruel
unusual
eighth
amendment
bar
moderate
spanking
public
schools
moderate
spanking
cruel
unusual
punishment
majority
suggests
means
suggested
spanking
schoolchildren
punishment
within
meaning
cruel
unusual
punishments
clause
school
disciplinary
process
way
criminal
therefore
subject
full
panoply
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procedural
guarantees
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part
ii
infra
ordinarily
conduct
schoolchildren
punished
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opprobrious
called
criminal
society
even
violations
school
disciplinary
rules
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see
infra
subject
criminal
process
see
baxter
palmigiano
held
persons
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prison
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rules
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full
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procedural
safeguards
even
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majority
cites
trop
one
cases
dealt
criminal
punishment
neglects
follow
analysis
mandated
decision
trop
petitioner
convicted
desertion
military
sentenced
three
years
hard
labor
forfeiture
pay
allowances
dishonorable
discharge
punished
offense
committed
petitioner
application
passport
turned
petitioner
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deprived
rights
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nationality
act
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armed
forces
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view
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context
cruel
unusual
punishment
prohibited
eighth
amendment
majority
us
believe
determinative
factor
trop
petitioner
convicted
desertion
yet
suggestion
trop
disposition
military
anything
decision
case
instead
recognizing
eighth
amendment
extends
punishments
penal
nature
plurality
adopted
purposive
approach
determining
punishment
penal
deciding
whether
law
penal
generally
based
determination
upon
purpose
statute
statute
imposes
disability
purposes
punishment
reprimand
wrongdoer
deter
others
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considered
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statute
considered
nonpenal
imposes
disability
punish
accomplish
legitimate
governmental
purpose
footnotes
omitted
although
quoted
passage
taken
plurality
opinion
chief
justice
warren
joined
three
justices
justice
brennan
concurring
opinion
adopted
similar
approach
concluding
beyond
power
congress
enact
ante
estelle
gamble
case
decided
term
held
deliberate
indifference
medical
needs
prisoners
prison
officials
constitutes
cruel
unusual
punishment
prohibited
eighth
amendment
deliberate
indifference
prisoner
medical
needs
clearly
punishment
inflicted
commission
crime
merely
misconduct
prison
official
similarly
eighth
circuit
held
whipping
prisoner
strap
order
maintain
discipline
prohibited
eighth
amendment
jackson
bishop
blackmun
see
also
knecht
gillman
injection
drugs
part
aversion
therapy
held
cruel
unusual
vann
scott
stevens
eighth
amendment
protects
runaway
children
cruel
inhumane
treatment
regardless
whether
treatment
labeled
rehabilitation
punishment
finding
bodily
punishment
invades
constitutionally
protected
liberty
interest
within
meaning
due
process
clause
majority
suggests
clause
might
also
afford
remedy
excessive
spanking
independently
eighth
amendment
case
present
thesis
little
practical
significance
rather
holding
due
process
clause
affords
remedy
way
express
commands
eighth
amendment
majority
recognize
cause
action
deprivation
liberty
flowing
excessive
paddling
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merely
lengthy
word
advice
respect
drafting
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complaints
petitioners
case
raise
substantive
due
process
issue
petition
certiorari
ante
consideration
question
foreclosed
limited
grant
certiorari
probable
schoolchildren
entitled
protection
theory
substantive
due
process
affirm
judgment
amend
grant
certiorari
set
case
reargument
support
policy
considerations
cases
cited
majority
morrissey
brewer
meachum
fano
cases
involving
prisoners
rights
procedural
due
process
evidence
record
corporal
punishment
abused
prison
systems
often
public
schools
indeed
corporal
punishment
seldom
authorized
state
prisons
see
jackson
bishop
supra
justice
judge
blackmun
noted
nly
two
still
permit
use
strap
prisons
thus
almost
uniformly
abolished
relying
view
nature
two
public
institutions
without
evidence
heard
question
majority
today
predicates
constitutional
principle
mere
armchair
speculation
doubt
remedies
available
public
school
children
adequate
see
infra
penalty
consistent
eighth
amendment
punishment
must
grossly
proportion
severity
crime
gregg
georgia
joint
opinion
stewart
powell
stevens
goss
lopez
record
suggests
may
substantial
risk
error
discipline
administered
respondent
school
authorities
respondents
concede
petitioners
punished
denied
misconduct
cases
punishments
may
mistaken
brief
respondents
appeals
panel
noted
numerous
instances
students
punished
despite
claims
innocence
particularly
disturbed
testimony
whole
classes
students
corporally
punished
misconduct
extent
majority
focuses
incidence
remedies
unduly
severe
punishments
fails
address
petitioners
claim
procedural
safeguards
required
reduce
risk
punishments
simply
mistaken
majority
assurances
contrary
unclear
whether
extent
florida
law
provides
damages
action
school
officials
excessive
corporal
punishment
giving
majority
benefit
every
doubt
think
fair
say
student
punished
basis
mistaken
allegations
misconduct
hope
florida
recovery
unreasonable
error
strongly
suspect
even
remedy
available
although
majority
cite
single
case
decided
florida
law
recognizes
student
right
sue
school
official
recover
damages
excessive
punishment
willing
assume
tort
action
exist
florida
nevertheless
serious
doubts
whether
ever
provide
recovery
student
simply
punished
offense
commit
cases
jurisdictions
cited
majority
ante
involved
allegations
punishment
disproportionate
misconduct
student
charged
none
decisions
even
suggest
student
recover
showing
teacher
incorrectly
imposed
punishment
something
student
done
majority
appears
agree
damages
remedy
available
cases
punishment
unreasonable
light
misconduct
charged
cases
severe
punishment
contemplated
available
civil
criminal
sanctions
abuse
afford
significant
protection
unjustified
corporal
punishment
ante
emphasis
added
even
remedy
excessive
punishment
extends
punishment
excessive
sense
imposed
basis
mistaken
facts
school
authorities
still
protected
personal
liability
immunity
protected
statutory
immunity
liability
enforcing
disciplinary
rules
xcept
case
excessive
force
cruel
unusual
punishment
stat
ann
minimum
immunity
protect
school
officials
damages
liability
reasonable
mistakes
made
good
faith
although
differing
emphases
formulations
immunity
public
school
officials
cases
student
expulsion
suspension
state
courts
generally
recognized
officers
protected
tort
liability
state
law
goodfaith
nonmalicious
action
taken
fulfill
official
duties
wood
strickland
adopting
rule
suits
involving
school
discipline
omitted
see
citing
state
cases
florida
applied
rule
police
officer
determination
probable
cause
arrest
officer
liable
damages
arrest
based
probable
cause
officer
reasonably
believed
probable
cause
existed
miami
albro
dist
app
cf
middleton
fort
walton
beach
dist
app
police
officer
personally
liable
intentional
tort
making
arrest
pursuant
warrant
knew
void
wilson
dist
app
law
enforcement
officer
liable
damages
obtaining
arrest
warrant
basis
incorrect
identification
every
reason
think
florida
courts
apply
similar
immunity
standard
hypothetical
damages
suit
school
disciplinarian
final
limitation
student
damages
remedy
florida
law
student
recover
personal
assets
official
school
board
treasury
absolutely
protected
sovereign
immunity
damages
torts
agents
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mclean
dist
app
teacher
limited
resources
may
deter
jury
awarding
prevent
student
collecting
full
amount
damages
entitled
cf
bonner
coughlin
modified
en
banc
cert
pending
remedy
affords
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process
sovereign
official
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suit
negligence
prison
guard
cf
leasing
held
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taxpayer
assets
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principle
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safeguards
magistrate
determination
probable
cause
compelling
government
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proceeding
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privacy
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temporary
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bodily
punishment
like
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privacy
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case
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extent
majority
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criminal
law
warrantless
arrests
probable
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ante
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infra
chosen
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majority
forthrightly
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process
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area
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prosecutions
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arrest
suspect
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warrant
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suspect
without
trial
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term
accused
get
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process
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suit
false
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proposition
need
prior
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significantly
less
compelling
state
preserved
remedies
ante
majority
cites
one
case
bonner
coughlin
supra
dismissing
allegation
prisoner
prison
guards
acting
color
state
law
deprived
property
without
due
process
law
negligently
failing
close
door
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search
foreseeable
consequence
trial
transcript
stolen
panel
held
right
recover
state
law
negligence
state
employees
provided
prisoner
due
process
law
decision
distinguishable
instant
case
two
grounds
first
recovery
barred
sovereign
official
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remedy
ensured
prisoner
made
whole
loss
property
cf
regional
rail
reorganization
act
cases
point
course
student
made
whole
infliction
wrongful
punishment
second
state
hold
hearing
intend
inflict
deprivation
best
protect
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unauthorized
inadvertent
act
provide
damages
remedy
deprivation
intentional
prior
hearing
altogether
feasible
ante
ante
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mathews
eldridge
ante
quoting
goss
elsewhere
opinion
majority
asserts
risk
error
typically
insignificant
paddlings
usually
inflicted
response
conduct
directly
observed
teachers
presence
ante
cites
finding
evidence
record
assertion
restriction
statute
regulations
authorizing
corporal
punishment
see
ante
indeed
panel
noted
specific
instances
students
punished
assistant
principal
present
alleged
offenses
committed
view
expressed
minimal
procedures
goss
required
corporal
punishment
implicating
student
liberty
interest
course
meant
imply
minimum
constitutionally
sufficient
matter
severe
punishment
inflicted
made
reservation
explicit
goss
suggesting
elaborate
procedures
witnesses
counsel
might
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required
suspensions
longer
maximum
involved
case
similar
caveat
appropriate
justice
stevens
dissenting
justice
white
analysis
eighth
amendment
issue
believe
unanswerable
also
persuaded
analysis
procedural
due
process
issue
correct
notwithstanding
disagreement
holding
latter
question
respect
justice
powell
reasoning
part
opinion
prompts
comments
constitutional
prohibition
state
deprivations
life
liberty
property
without
due
process
law
express
language
require
hearing
provided
deprivation
may
occur
sure
timing
process
may
critical
element
determining
adequacy
deciding
process
due
particular
context
generally
adequate
notice
fair
opportunity
heard
advance
deprivation
constitutionally
protected
interest
essential
recognized
however
wording
command
shall
deprivation
without
due
process
law
consistent
conclusion
postdeprivation
remedy
sometimes
constitutionally
sufficient
invasion
property
interest
involved
greater
likelihood
damages
award
make
person
completely
whole
invasion
individual
interest
freedom
bodily
restraint
punishment
occurred
property
context
therefore
frequently
postdeprivation
state
remedy
may
process
fourteenth
amendment
requires
may
also
true
although
express
opinion
point
adequate
state
remedy
defamation
may
satisfy
due
process
requirement
state
impaired
individual
interest
reputation
hypothesis
analysis
today
gives
rise
thought
paul
davis
may
correctly
decided
incorrect
rationale
perhaps
one
day
agree
justice
brennan
appraisal
importance
constitutional
interest
stake
dissenting
opinion
nevertheless
conclude
adequate
state
remedy
may
prevent
every
injury
person
reputation
violating
pearson
yacht
leasing
fuentes
shevin
ewing
mytinger
casselberry
phillips
commissioner
lawton
steele
cf
gerstein
pugh
cf
bonner
coughlin
modified
en
banc
cert
pending
see
also
judge
swygert
thoughtful
opinion