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Appellate court addresses parental privilege in 2 opinions

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In two cases involving the parental privilege defense, the Indiana Court of Appeals ruled in favor of a teacher who “flicked” a special education student’s tongue and against a father hit his daughter numerous times with a belt.

In Trinda Barocas v. State of Indiana, No. 49A02-1007-CR-732, special education teacher Trinda Barocas appealed her conviction of Class B misdemeanor for “flicking” the tongue of a student with Down syndrome. Barocas had twice told the student to put her tongue back in her mouth and when she didn’t, Barocas flicked her tongue, causing the student to wail and cry.

Barocas argued she wasn’t guilty because teachers have qualified immunity for reasonably necessary disciplinary acts. Parents have legal authority to engage in reasonable discipline of their children, even if that conduct would otherwise be battery, and that justification has been extended to teachers, within reason, wrote Judge Melissa May. The judges looked to Willis v. State, 888 N.E.2d 177, 180-81 (Ind. 2008), which discussed the parental privilege defense and noted for the state to sustain a conviction of battery where a claim of parental privilege has been asserted, the state must prove either the force the parent used was unreasonable or that the parent’s belief that such force was necessary to control the child and prevent misconduct was unreasonable.

The appellate court found Barocas’ force against the student was not cruel or excessive, and it doesn’t rise to the level of “unreasonable force.” The judges were unable to find any decision in which a parent or teacher’s conviction of battery was upheld based on the use of force as minimal as that used by Barocas, wrote Judge May. The state also didn’t prove the second element of the test adopted in Willis – that the teacher was unreasonable to believe a physical prompt was necessary to control the student’s behavior of sticking out her tongue. They reversed Barocas’ conviction.

But in Jeffrey L. Hunter v. State of Indiana, No. 49A02-1011-CR-1224, a different Court of Appeals panel ruled against father Jeffrey Hunter who argued his Class A misdemeanor battery conviction should be reversed because the evidence didn’t rebut his parental privilege defense.

Hunter had ongoing disciplinary issues with his 14-year-old daughter B.H. and after finding out she had someone forge a signature on a permission slip to go to Indiana Beach, he ordered B.H. to strip down to her underwear and come to him in the living room. When she wouldn’t tell him who paid for the trip, he hit her around 20 times with a belt, leaving injuries that were still present months later. The “degrading and long-lasting physical effects” of her injuries differentiate this case from Willis and the appellate court concluded he used unreasonable force. They upheld his battery conviction.

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  1. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  3. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

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  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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