Simons v. North Dakota

803 N.W.2d 587 (2011)

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Simons v. North Dakota

North Dakota Supreme Court
803 N.W.2d 587 (2011)

KS

Facts

Ben Simons (defendant) spanked his two-year-old child for not saying “yes sir” and “yes ma’am.” Simons used three swats with a wooden backscratcher followed by 15 minutes of consoling the child. When the child continued refusing to say the phrases as instructed, Simons repeated the cycle a total of eight times over two hours before employing time-outs as an alternative. The spanking left two bruises on the child that Ben and his wife, Traci, noticed when changing the child’s diaper. The bruises were still visible days later. In response to a report of possible child abuse, the Department of Human Services in North Dakota investigated and found that Simons had abused his child, requiring services. A district court affirmed, and Simons appealed.

Rule of Law

Issue

Holding and Reasoning (Sandstrom, J.)

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