Sims v. Board of Education of Independent Sch. Dist. No. 22

• Decision Date: 01 July 1971
• Docket Number: Civ. No. 8756.
• Citation: 329 F. Supp. 678
• Parties: Zebediah SIMS, a minor, on behalf of himself and all other persons similarly situated, through his parents and general guardians Charlie Sims and Helen Sims, Plaintiffs, v. BOARD OF EDUCATION OF the INDEPENDENT SCHOOL DISTRICT NO. 22 et al., Defendants.
• Court: U.S. District Court — District of New Mexico

329 F. Supp. 678

Zebediah SIMS, a minor, on behalf of himself and all other persons similarly situated, through his parents and general guardians Charlie Sims and Helen Sims, Plaintiffs, v. BOARD OF EDUCATION OF the INDEPENDENT SCHOOL DISTRICT NO. 22 et al., Defendants.

Civ. No. 8756.

United States District Court, D. New Mexico.

July 1, 1971.

COPYRIGHT MATERIAL OMITTED

Donald Juneau and John Whitehouse Cobb, Shiprock, N. M., and Willard F. Kitts, Albuquerque, N. M., for plaintiffs.

White & Caton, Farmington, N. M., for defendants.

MEMORANDUM OPINION

EUBANKS, District Judge.

Plaintiff Sims brings this action individually and as a class action for declaratory injunctive relief against the policy and practice of corporal punishment in the schools of Independent School District 22 in the County of San Juan, State of New Mexico, predicating jurisdiction therefor on 28 U.S.C. §§ 1343, 2201 and 2202; 42 U.S.C. §§ 1981, 1983 and 1988. The defendants are the governing board of the District, the individual members of the Board and the superintendent of the said District.

The complaint contains the usual averments of a class action. Sims alleges that his claims are typical of the claims of the class to which common questions of fact and law are applicable and that he will adequately protect the members of the class. Likewise he alleges that the defendants represent a class of governing school boards and administrators throughout the State of New Mexico so numerous that joinder is impracticable and that claims and defenses of fact and law are common to the class and that the named defendants will fairly and adequately protect the interest and claims of their class.

The complaint alleges that the defendant Board has approved the use of corporal punishment of students by the faculty. The policy of said Board, set out in Teachers' Handbook, Independent School District No. 22, page 22, is as follows:

The most advanced educational theory opposes corporal punishment in the school. By and large, the administration of our schools supports this theory. However, it must be recognized that situations arise which can be considered exceptions to the rule. When other means have repeatedly failed, it may be necessary for the school authorities to administer a "spanking" to some recalcitrant pupil. When this is necessary, the punishment shall be administered by the school principal or if administered by the teacher it should be witnessed by the principal or his delegated representative in his absence.

The complaint alleges that "each and every student is subjected to this mode of punishment"; and "no more than five strokes are given at any one session of paddling"; and that other Boards of Education in the State of New Mexico have adopted policies substantially identical to the policy of the defendant District. It alleges that on December 4, 1970, plaintiff Sims had in his possession a template which had been taken from a crafts class in violation of District school rules for which defendant crafts teacher inflicted three blows on Sims' posterior, with the principal of the school as a witness. Thereafter the complaint alleges that the infliction of corporal punishment on December 4, 1970,

was not the first time plaintiff was corporally punished by agents and employees of defendants. There is a probable likelihood that corporal punishment by defendants' agents and employees will again be inflicted upon plaintiff or other members of his class. Nor was the above-related incident different or singular in respect to the mode or procedure of inflicting corporal punishment upon plaintiff or other members of his class.

The complaint alleges that "corporal punishment serves no legitimate educational purpose" and "tends to inhibit learning, retard social growth and force acceptance of an inferior class position upon the plaintiff and other similarly situated members of his class"; "subjects him to further humiliation because of the public or semi-public character of the act as it is practiced"; and that "the psychological harm done plaintiff and other members of class by the infliction of corporal punishment is substantial and lasting."

As a first cause of action, the complaint alleges violation of "the rights of plaintiff and his class guaranteed under the Due Process and Equal Protection Clauses of the Fourteenth Amendment of the Constitution of the United States" in that (a) corporal punishment constitutes summary punishment without affording an opportunity for notice, hearing, or right of representation; (b) corporal punishment is arbitrary and capricious, and unrelated to the achieving of any legitimate educational purpose; (c) corporal punishment causes substantial and lasting psychological harm which is out of proportion to the gravity of the offense the student is alleged to have committed." As a second cause of action the complaint alleges that corporal punishment "constitutes cruel and unusual punishment" in violation of the Eighth Amendment, the Due Process Clause of the Fourteenth Amendment, and 42 U.S.C. §§ 1981 and 1983. As a third cause of action the complaint alleges that corporal punishment "abridges the privileges and immunities of the class to physical integrity, freedom from intentional imposition of emotional distress, dignity of personality and freedom from arbitrary authority" in violation of the Privileges and Immunities Clause of the Fourteenth Amendment and 42 U.S.C. §§ 1981 and 1983. A fourth cause of action alleges that corporal punishment "is violative of the rights of plaintiff and his class to freedom of speech and due process of law" in that "(a) the policy statement is vague and overbroad in its wording; (b) the policy statement's uncertainty of meaning has a chilling effect upon the free exercise of expression by plaintiff and his class" in violation of the First Amendment and made applicable to the states by the Due Process Clause of the Fourteenth Amendment and 42 U.S.C. §§ 1981 and 1983. Tinker v. Des Moines School District (1969), 393 U.S. 503, 89 S.Ct. 733, 21 L.Ed.2d 731.

The prayer is for equitable relief only. The complaint alleges that no remedy at law is available and the relief sought is (1) a declaratory judgment holding that the statewide custom and practice of corporal punishment "is a denial of due process of law and equal protection of the laws, abridges the privileges and immunities of students, and constitutes a cruel and unusual punishment", (2) both a preliminary and a permanent injunction against defendants prohibiting them from administering corporal punishment upon the plaintiff or any other student within the defendant District, and (3) "a mandatory injunction against defendants to adopt and implement a new policy statement with respect to discipline of students, which shall contain guarantees of due process, and in setting forth an alternative mode of punishment for infractions, shall conform to the more accepted and progressive educational expertise on this question."

The defendants have moved to dismiss for failure to state a claim on which relief can be granted. One Harry Joe, a minor, through his parent and general guardian has moved for leave of court to file a complaint in intervention as a party plaintiff.

The complaint alleges a deprivation, under color of the laws of the State of New Mexico, of constitutional rights, privileges and immunities secured by the federal Constitution and Plaintiff Sims prays for equitable relief for himself and his class. This Court is vested with original jurisdiction of any civil action, authorized by law to be commenced by any person, "to redress the deprivation, under color of any State law * * * of any right, privilege or immunity secured by the Constitution of the United States." 28 U.S.C. § 1343. The Court "may declare the rights and other legal relations of any interested party seeking such declaration, whether or not further relief is or could be sought." 28 U.S.C. § 2201. All persons within the jurisdiction of the United States "shall have the same right * * * to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens * * *" 42 U.S.C. § 1981. And "Every person who, under color of any statute, * * * regulation, custom, or usage, of any State, * * * subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress." 42 U.S.C. § 1983.

The Court turns first to the motion of Harry Joe to intervene. Permissive timely intervention is allowed under Rule 24 F.R.Civ.P. where the applicant's claim and the main action have a question of law or fact in common. But permissive intervention is allowed only at the sound judicial discretion of the Court. The Rule provides that in the exercise of such discretion "the court shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties." Goodpaster v. Oklahoma Gas & Electric Co., CA 10 (1961), 291 F.2d 276.

The motion of Harry Joe to intervene should be denied. In the first place, there is no allegation that a new defendant named in the motion was acting under color of state law whereas the complaint alleges that all acts of all defendants complained of were done under color of state law. In the second place, the motion not only names a defendant not named in the complaint but as against said defendant, the intervenor plaintiff seeks damages for an alleged assault and battery whereas the plaintiffs seek only equitable relief—"the damages suffered by the plaintiff and his class are too speculative or conjectural to provide a basis for asking relief in an action at law," reads the complaint.

Allowance...