Legal Opinion

Durante Neal, a Minor by His Next Friends Eugene Neal, Plaintiffs v. Fulton County Board of Education, Stephen Dolinger, Superintendent

Court of Appeals for the Eleventh Circuit

Decided October 18, 2000No. 98-9612PublishedCited by 101 opinions

1Opinion of the Court

MARCUS, Circuit Judge:

Plaintiff Durante Neal, a high school freshman and member of the varsity football team, appeals from the district court’s 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…

Also in this document: Dissent.

2Cases cited17 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Daniels v. WilliamsSupreme Court of the United States · 1986
  3. County of Sacramento v. LewisSupreme Court of the United States · 1998
  4. Collins v. City of Harker HeightsSupreme Court of the United States · 1992
  5. Ingraham v. WrightSupreme Court of the United States · 1977

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3Cited by101 opinions

  1. James Edward Hoefling, Jr. v. City of MiamiCourt of Appeals for the Eleventh Circuit · 2016
  2. Doe Ex Rel. Magee v. Covington County School DistrictCourt of Appeals for the Fifth Circuit · 2012
  3. Adam Keith Waldman v. Alabama Prison CommissionerCourt of Appeals for the Eleventh Circuit · 2017
  4. Larry Norman Waddell v. Erik S. Hermersen, Gary Leonard Wheeler, Jr.Court of Appeals for the Eleventh Circuit · 2003
  5. Mica Spady v. Bethlehem Area School DistrictCourt of Appeals for the Third Circuit · 2015

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