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21 Howard L.J. 311 (1978)
Constitutional Law - Corporal Punishment of a Student by a Teacher Is Neither Cruel Nor Unusual - Ingraham v. Wright

handle is hein.journals/howlj21 and id is 319 raw text is: CONSTITUTIONAL LAW--CORPORAL PUNISHMENT OF A STUDENT BY A TEACHER IS NEITHER CRUEL NOR UNUSUAL INGRAHAM V. WRIGHT1 As a result of his slow response to a teacher's2 order, James Ingraham was taken to the principal's office to be paddled.3 He refused to submit to this punishment and was forcibly held by two adult assistants while the principal, Willie Wright, administered at least twenty blows. Consequently, Ingraham suffered a hematoma4 which not only required medical attention, but necessitated an eleven-day absence from school. Ingraham sought damages as well as injunctive and declaratory relief on the ground that corporal punishment5 was a violation of his eighth amend- ment rights.6 Held: The cruel and unusual punishment clause of the eighth amendment does not apply to disciplinary corporal punishment in public schools. BACKGROUND At common law, the teacher was said to stand in loco parentis7 and was afforded the rights and privileges of a parent, including the right to inflict physicial punishment, if it was deemed necessary. The basis for this rationale was that corporal punishment was an essential tool by which the teacher could carry out his duties.8 1. Ingraham v. Wright, 430 U.S. 651 (1977). 2. This word is not used in the narrow sense of one who instructs, but should be construed broadly to mean one who for the time being is in loco parentis to the pupil; who, by reason of his frequent and close association with the pupil, has an opportunity to know about the traits which distinguish him from other pupils; and who, therefore, can reasonably be expected to more intelligently judge the pupil's con- duct than he otherwise could, and more justly measure the punishment he deserves, if any. Prendergast v. Masterson, 196 S.W. 246, 247 (197, Tex. Civ. App.). 3. Evidence showed that this was the primary, if not the only, form of corporal punishment. It involved striking the student with a flat wooden instrument, usually on the buttocks. Although paddle size was not specified at the time of the incident, most paddles were probably within the later maximum limitations of two feet long, one half-inch thick, and four inches wide. 4. A hematoma is defined as a tumor or swelling which contains blood. TABER'S CYCLOPEDIC MEDICAL DIcTioNARY at H-21 (12th ed. 1973). 5. Corporal punishment is punishment upon the body, such as whipping, rather than punishment of the body, such as imprisonment. Ritchey v. People, 22 Colo. 251, 43 P. 1026 (1896). 6. The eighth amendment reads: excessive bail shall not be required, nor ex- cessive fines imposed, nor cruel and unusual punishments inflicted. 7. The teacher is the substitute of the parent; he is charged in part with the performance of certain duties, and in the exercise of these delegated duties, is vested with limited power. See State v. Pendergrass, 19 N.C. 348 (1837).

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