Legal Opinion · Concurring in part, dissenting in part

Breininger v. Sheet Metal Workers International Ass'n Local Union No. 6

Supreme Court of the United States

Decided December 5, 1989No. 88-124Published

1Concurring in part, dissenting in partJustice Stevens

When school officials inflict corporal punishment on a schoolchild, we speak of the child being “disciplined.”1 A prison inmate who is summarily deprived of “good time” credits is also subjected to “discipline.”2 So too is the soldier who as a result of misconduct is required by a superior to perform additional duties.3 In none of these cases is the discipline imposed by a “tribunal” or as a result of a “proceeding convened by” the disciplinary official. Ante, at 94. Rather, what distinguishes the punishment as “discipline” is that it is imposed by one in control with a view to correcting…

2Cases cited17 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Preiser v. RodriguezSupreme Court of the United States · 1973
  3. Hishon v. King & SpaldingSupreme Court of the United States · 1984
  4. Goss v. LopezSupreme Court of the United States · 1975
  5. Ingraham v. WrightSupreme Court of the United States · 1977

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