Baker v. Owen

CRAVEN, Circuit Judge:

This three-judge court was convened to consider the claims of Russell Carl Baker and his mother that their constitutional rights were violated when Russell Carl was corporally punished by his teacher over his mother’s objections and without procedural due process. Russell Carl, a sixth-grader, was paddled on December 6, 1973, for allegedly violating his teacher’s announced rule against throwing kickballs except during designated play periods. Mrs. Baker had previously requested of Russell Carl’s principal and certain teachers that Russell Carl not be corporally punished,…