School Law Bulletin [serial] 13, 4 (Oct 1982)

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Wain, 536 F.2d 686 (6th Cir 1976); Baker v. Owen, 395 F. Supp. 294 (M. D.N. C. 1975). affd. 423 U.S. 907 (1975); Glaser v. Marietta. 351 F. Supp. 555 (WD. Pa. 1972).
31. Ingraham v. Wright. 430 U.S. 651. 664 (1977).
School Law BuDetin corporal punishment are controlled in other ways. The openness of the public schools to community supervi- sion, the availability of criminal and civil sanctions to deter excessive punishment, and the existence of statu- tory limitations on the administration of d
...iscipline ob- viate the need for any further constitutional protection.
The majority therefore declined to apply the Eighth Amendment beyond its traditional protection of those convicted of crimes. 32 In regard to the due process claim, the majority found that while "fcjorporal punishment in public school im- plicates a constitutionally protected liberty interest," traditional common law remedies — such as civil tort suits — were adequate to protect the students' constitu- tional rights. Noting that Florida law imposed limita- tions on the use of corporal punishment and provided for civil and criminal sanctions against teachers who violated its provisions, the majority determined that there was no compelling need for other administrative safeguards.


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