July 7, 2010 2:43:00 PM
JACKSON -- A federal appeals court has turned down a Tate County high school student''s motion for a temporary injunction against paddling Mississippi students.
William Cody Childress sought the injunction while a U.S. District Court in Mississippi considers a permanent ban on the punishment.
Childress, a 16-year-old Independence High School student, filed a lawsuit Feb. 18 in U.S. District Court claiming he was paddled "with excessive force."
The lawsuit, which also claims boys are improperly paddled more based on gender, asked for a temporary injunction while the lawsuit was pending.
U.S. District Judge W. Allen Pepper in Greenville denied the request Feb. 23.
On Wednesday, a three-judge panel of the 5th U.S. Circuit Court of Appeals in New Orleans also denied the request.