Liability under 42 U.S.C § 1983Pages 441-452Debbie A. Helm

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Wood v StricklandSupreme Court of the US , 1975

420 U.S 308

Grounds of the violation of a school prohibiting the use or possession of intoxicating beverage at school or at school activities

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16 year olds in 10th grade spiked punch at an extra curricular school organization (parents/students)

3 girls 2 -12 oz malt liquor6 -10oz of soft drink mixed in milk

carton

Had no effect on anyone present10 days later teacher confronted

students sd she would punish

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Became a topic of conversation she told girls to tell the principal who suspended them for max 2 week period

Meeting held that night – noone came

Recommended leniency

One of the girls was in a fight that night at a school function

Leniency Revoked

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Expelled for 3 months

Held another meeting 2 wks later

Students, parents, and council attended

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Carey v PiphusSupreme Court of the United States, 1978

435 U.S. 247

• Issue:

Students who were suspended from public elementary and secondary schools w/o procedural due Process

Respondent was a freshman at Chicago Vocational High School. Principal saw Jarius Piphus and another student passing an irregularly shaped cigarette

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Principal approached and smelled what he believed was marihuana. He saw student pass a pack of cigarette papers to the other student – they threw the cigarette into a nearby hedge.

They were taken to the office, and the principal directed the asst principal to impose the usual 20 day suspension-use of drugs

Jarius was allowed to stay at the school for the remainder of the day (not able to make parent contact)

Jarius was readmitted to school after 8 days (temp restraining order)

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Court of Appeals for the 7th Circuit held that the students are entitled to recover substantial nonpunitive damages even if their suspensions were justified and any injury resulted from the denial of procedural due process.

Supreme court ruled that they should only be awarded nominal damages

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Silas Brisco Clara Barton Elementary

Student was 6th grader was told to remove his earring (dress code) or he would be suspended for 20 days.

Student/Parent do not comply student was suspended

Parent brought suit saying student was suspended w/o due process of law

Seeking $5k damages /