carey
piphus
argued
december
decided
march
actions
public
school
students
school
officials
wherein
students
found
suspended
school
without
procedural
due
process
students
absent
proof
actual
injury
entitled
recover
nominal
damages
pp
basic
purpose
damages
award
compensate
persons
injuries
caused
deprivation
constitutional
rights
pp
purpose
rules
governing
compensation
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caused
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rights
tailored
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protected
particular
right
question
rules
damages
defined
interests
protected
various
branches
tort
law
pp
mental
emotional
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process
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occur
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presumed
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law
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per
se
although
distress
compensable
neither
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proving
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compensatory
damages
without
proof
injury
actually
caused
pp
issues
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prerequisites
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caused
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rights
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protected
particular
right
question
therefore
cases
dealing
awards
damages
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caused
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rights
right
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process
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pp
right
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process
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upon
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case
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pp
powell
delivered
opinion
burger
brennan
stewart
white
rehnquist
stevens
joined
marshall
concurred
result
blackmun
took
part
consideration
decision
case
earl
hoffenberg
argued
cause
petitioners
briefs
michael
murray
john
elson
argued
cause
respondents
brief
david
goldberger
leon
fieldman
filed
brief
national
school
boards
assn
amicus
curiae
urging
reversal
justice
powell
delivered
opinion
case
brought
consider
elements
prerequisites
recovery
damages
students
suspended
public
elementary
secondary
schools
without
procedural
due
process
appeals
seventh
circuit
held
students
entitled
recover
substantial
nonpunitive
damages
even
suspensions
justified
even
prove
actual
injury
caused
denial
procedural
due
process
disagree
hold
absence
proof
actual
injury
students
entitled
recover
nominal
damages
respondent
jarius
piphus
freshman
chicago
vocational
high
school
school
year
january
school
hours
school
principal
saw
piphus
another
student
standing
outdoors
school
property
passing
back
forth
principal
described
irregularly
shaped
cigarette
principal
approached
students
unnoticed
smelled
believed
strong
odor
burning
marihuana
also
saw
piphus
try
pass
packet
cigarette
papers
student
students
became
aware
principal
presence
threw
cigarette
nearby
hedge
principal
took
students
school
disciplinary
office
directed
assistant
principal
impose
usual
suspension
violation
school
rule
use
drugs
students
protested
smoking
marihuana
avail
piphus
allowed
remain
school
although
class
remainder
school
day
assistant
principal
tried
without
success
reach
mother
suspension
notice
sent
piphus
mother
days
later
two
meetings
arranged
among
piphus
mother
sister
school
officials
representatives
legal
aid
clinic
purpose
meetings
determine
whether
piphus
smoking
marihuana
rather
explain
reasons
suspension
following
unfruitful
exchange
views
piphus
mother
guardian
ad
litem
filed
suit
petitioners
federal
district
jurisdictional
counterpart
charging
piphus
suspended
without
due
process
law
violation
fourteenth
amendment
complaint
sought
declaratory
injunctive
relief
together
actual
punitive
damages
amount
piphus
readmitted
school
temporary
restraining
order
eight
days
suspension
respondent
silas
brisco
sixth
grade
clara
barton
elementary
school
chicago
school
year
september
brisco
came
school
wearing
one
small
earring
previous
school
year
school
principal
issued
rule
wearing
earrings
male
students
believed
practice
denoted
membership
certain
street
gangs
increased
likelihood
gang
members
terrorize
students
brisco
reminded
rule
refused
remove
earring
asserting
symbol
black
pride
gang
membership
assistant
principal
talked
brisco
mother
advising
son
suspended
days
remove
earring
brisco
mother
supported
son
position
suspension
imposed
brisco
mother
guardian
ad
litem
filed
suit
federal
district
charging
brisco
suspended
without
due
process
law
violation
fourteenth
amendment
complaint
sought
declaratory
injunctive
relief
together
actual
punitive
damages
amount
brisco
readmitted
school
pendency
proceedings
preliminary
injunction
days
suspension
piphus
brisco
cases
consolidated
trial
submitted
stipulated
records
district
held
students
suspended
without
procedural
due
process
also
held
petitioners
entitled
qualified
immunity
damages
second
branch
wood
strickland
known
lengthy
suspension
without
adjudicative
hearing
type
violate
procedural
due
process
app
pet
cert
despite
holdings
district
declined
award
damages
plaintiffs
put
evidence
record
quantify
damages
record
completely
devoid
evidence
even
form
basis
speculative
inference
measuring
extent
injuries
plaintiffs
claims
damages
therefore
fail
complete
lack
proof
ibid
respondents
appeal
appeals
reversed
remanded
first
held
district
erred
granting
declaratory
injunctive
relief
also
held
district
considered
evidence
submitted
respondents
judgment
tended
prove
pecuniary
value
day
school
missed
suspended
said
however
respondents
entitled
recover
damages
representing
value
missed
school
time
petitioners
showed
remand
cause
suspension
therefore
respondents
suspended
even
proper
hearing
held
finally
appeals
held
even
district
found
remand
respondents
suspensions
justified
entitled
recover
substantial
damages
simply
denied
procedural
due
process
relying
earlier
decision
hostrop
board
junior
college
dist
cert
denied
stated
damages
awarded
even
case
bar
proof
individualized
injury
plaintiff
mental
distress
granted
certiorari
consider
whether
action
deprivation
procedural
due
process
plaintiff
must
prove
actually
injured
deprivation
may
recover
substantial
damages
ii
title
rev
stat
derived
civil
rights
act
stat
provides
every
person
color
statute
ordinance
regulation
custom
usage
state
territory
subjects
causes
subjected
citizen
person
within
jurisdiction
thereof
deprivation
rights
privileges
immunities
secured
constitution
laws
shall
liable
party
injured
action
law
suit
equity
proper
proceeding
redress
petitioners
contend
elements
prerequisites
recovery
damages
species
tort
liability
parallel
recovery
damages
common
law
torts
particular
urge
purpose
award
damages
compensate
persons
injuries
caused
deprivation
constitutional
rights
plaintiffs
required
prove
rights
violated
also
injury
caused
violation
order
recover
substantial
damages
unless
respondents
prove
actually
injured
deprivation
procedural
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process
petitioners
argue
entitled
nominal
damages
respondents
seem
make
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different
arguments
support
holding
first
contend
substantial
damages
awarded
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right
whether
injury
caused
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say
appropriate
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rights
valuable
need
deter
violations
constitutional
rights
respondents
believe
view
reflects
accurately
congress
enacted
second
respondents
argue
even
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award
petitioners
contend
primarily
compensate
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rights
every
deprivation
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process
may
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presumption
say
relieve
necessity
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injury
actually
caused
insofar
petitioners
contend
basic
purpose
damages
award
compensate
persons
injuries
caused
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constitutional
rights
better
argument
rights
constitutional
otherwise
exist
vacuum
purpose
protect
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injuries
particular
interests
contours
shaped
interests
protect
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system
concept
damages
reflects
view
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rights
cardinal
principle
damages
law
compensation
injury
caused
plaintiff
defendant
breach
duty
harper
james
law
torts
emphasis
original
implicitly
recognized
applicability
principle
actions
stating
damages
available
section
actions
found
violative
constitutional
rights
caused
compensable
injury
wood
strickland
emphasis
supplied
see
codd
velger
brennan
dissenting
adickes
kress
brennan
concurring
dissenting
see
also
bivens
six
unknown
fed
narcotics
agents
action
damages
directly
fourth
amendment
harlan
concurring
judgment
lower
federal
courts
appear
generally
agree
damages
awards
determined
compensation
principle
members
congress
enacted
address
directly
question
damages
principle
damages
designed
compensate
persons
injuries
caused
deprivation
rights
hardly
foreign
many
lawyers
congress
two
sections
civil
rights
act
appear
incorporate
principle
reason
suggests
reading
differently
extent
congress
intended
awards
deter
deprivation
constitutional
rights
evidence
meant
establish
deterrent
formidable
inherent
award
compensatory
damages
see
imbler
pachtman
white
concurring
judgment
less
difficult
conclude
damages
awards
governed
principle
compensation
apply
principle
concrete
cases
centuries
common
law
torts
developed
set
rules
implement
principle
person
compensated
fairly
injuries
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rights
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case
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interests
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law
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may
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may
appropriate
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rules
damages
directly
action
see
adickes
kress
brennan
concurring
dissenting
cases
interests
protected
particular
constitutional
right
may
also
protected
analogous
branch
common
law
torts
see
monroe
pape
harlan
concurring
frankfurter
dissenting
part
adickes
kress
supra
brennan
concurring
dissenting
bivens
six
unknown
fed
narcotic
agents
harlan
concurring
judgment
cases
task
difficult
one
adapting
rules
damages
provide
fair
compensation
injuries
caused
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right
although
task
adaptation
one
delicacy
case
demonstrates
must
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purpose
defeated
injuries
caused
deprivation
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rights
went
uncompensated
simply
common
law
recognize
analogous
cause
action
cf
jones
hildebrant
white
dissenting
sullivan
little
hunting
park
order
purpose
rules
governing
compensation
injuries
caused
deprivation
constitutional
rights
tailored
interests
protected
particular
right
question
rules
damages
defined
interests
protected
various
branches
tort
law
agree
justice
harlan
experience
judges
dealing
private
tort
claims
supports
conclusion
courts
law
capable
making
types
judgment
concerning
causation
magnitude
injury
necessary
accord
meaningful
compensation
invasion
constitutional
rights
bivens
six
unknown
fed
narcotics
agents
supra
harlan
concurring
judgment
principles
mind
turn
problem
compensation
case
hand
due
process
clause
fourteenth
amendment
provides
shall
state
deprive
person
life
liberty
property
without
due
process
law
case
appeals
held
petitioners
prove
remand
respondents
suspended
even
proper
hearing
held
respondents
entitled
recover
damages
compensate
injuries
caused
suspensions
thought
case
failure
accord
procedural
due
process
properly
viewed
cause
suspensions
ibid
cf
mt
healthy
city
board
ed
doyle
arlington
heights
metropolitan
housing
dev
suggested
circumstances
award
damages
injuries
caused
suspensions
constitute
windfall
rather
compensation
respondents
citing
hostrop
board
junior
college
dist
cf
mt
healthy
city
board
ed
doyle
supra
understand
parties
disagree
conclusion
parties
disagree
holding
appeals
respondents
entitled
recover
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unspecified
damages
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inherent
nature
wrong
even
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justified
even
fail
prove
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respondents
elaborating
theme
submit
holding
correct
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fairly
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process
argument
addition
protecting
unjustified
deprivations
due
process
clause
also
guarantees
feeling
treatment
government
committee
mcgrath
frankfurter
concurring
contend
deprivation
protected
interests
without
procedural
due
process
even
premise
deprivation
erroneous
inevitably
arouses
strong
feelings
mental
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distress
individual
denied
feeling
treatment
analogize
case
defamation
per
se
plaintiff
relieved
necessity
producing
proof
whatsoever
injured
order
recover
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mccormick
law
damages
petitioners
deny
purpose
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process
convey
individual
feeling
government
dealt
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well
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far
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proper
case
persons
respondents
position
might
well
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damages
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process
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argument
limited
one
injury
presumed
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plaintiffs
least
put
proof
issue
plaintiffs
tort
actions
agree
petitioners
respect
observed
another
context
doctrine
presumed
damages
common
law
defamation
per
se
oddity
tort
law
allows
recovery
purportedly
compensatory
damages
without
evidence
actual
loss
gertz
robert
welch
doctrine
defended
grounds
forms
defamation
actionable
per
se
virtually
certain
cause
serious
injury
reputation
kind
injury
extremely
difficult
prove
see
white
dissenting
moreover
statements
defamatory
per
se
nature
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distress
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se
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well
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irregularities
indeed
contrast
immediately
distressing
effect
defamation
per
se
person
may
even
know
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enlists
aid
counsel
challenge
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feels
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compensable
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case
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se
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plaintiff
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fact
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law
customarily
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wrong
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plaintiff
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although
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compensable
hold
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proving
great
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damages
without
proof
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actually
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appeals
believed
respondents
urge
cases
dealing
awards
damages
racial
discrimination
denial
voting
rights
denial
fourth
amendment
rights
support
presumption
damages
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process
denied
many
cases
relied
upon
help
respondents
held
implied
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must
proved
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damages
may
recovered
others
simply
address
issue
importantly
elements
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appropriate
compensate
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caused
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one
constitutional
right
necessarily
appropriate
compensate
injuries
caused
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another
said
supra
issues
must
considered
reference
nature
interests
protected
particular
constitutional
right
question
reason
without
intimating
opinion
merits
deem
cases
relied
upon
controlling
iii
even
respondents
suspensions
justified
even
suffer
actual
injury
fact
remains
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right
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process
enough
invoke
procedural
safeguards
fourteenth
amendment
significant
property
interest
stake
whatever
ultimate
outcome
hearing
fuentes
shevin
see
codd
velger
stevens
dissenting
coe
armour
fertilizer
works
courts
traditionally
vindicated
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certain
absolute
rights
shown
caused
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injury
award
nominal
sum
money
making
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actionable
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without
proof
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injury
law
recognizes
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society
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scrupulously
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time
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true
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exemplary
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punish
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rights
right
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due
process
absolute
sense
depend
upon
merits
claimant
substantive
assertions
importance
organized
society
procedural
due
process
observed
see
boddie
connecticut
committee
mcgrath
frankfurter
concurring
believe
denial
procedural
due
process
actionable
nominal
damages
without
proof
actual
injury
therefore
hold
upon
remand
district
determines
respondents
suspensions
justified
respondents
nevertheless
entitled
recover
nominal
damages
exceed
one
dollar
petitioners
judgment
appeals
reversed
case
remanded
proceedings
consistent
opinion
ordered
justice
blackmun
took
part
consideration
decision
case
footnotes
complaint
named
defendants
individually
official
capacities
principal
school
general
superintendent
schools
city
chicago
members
board
education
city
chicago
also
named
plaintiff
brisco
suit
people
save
humanity
push
religious
corporation
organized
laws
illinois
membership
includes
parents
children
chicago
public
schools
district
held
push
standing
maintain
suit
ruling
challenged
appeal
addition
procedural
due
process
claim
brisco
complaint
alleged
enforcement
rule
violated
right
freedom
expression
first
fourteenth
amendments
neither
passed
claim
complaint
named
defendants
individually
official
capacities
principal
school
general
superintendent
schools
city
chicago
members
board
education
city
chicago
illinois
superintendent
public
instruction
district
granted
latter
party
motion
dismiss
district
read
goss
lopez
supra
requiring
formal
procedures
suspensions
days
suspensions
less
days
set
forth
detailed
list
procedural
requirements
see
app
pet
cert
petitioners
challenged
either
holding
respondents
denied
procedural
due
process
listing
rights
must
granted
although
respondents
suspensions
occurred
goss
lopez
decided
district
thought
petitioners
placed
notice
suspensions
violated
procedural
due
process
linwood
board
ed
city
peoria
cert
denied
petitioners
challenged
holding
district
expressly
held
petitioners
lose
immunity
first
branch
wood
strickland
act
malicious
intention
cause
deprivation
constitutional
rights
injury
student
record
barren
evidence
suggesting
defendants
acted
maliciously
enforcing
disciplinary
policies
plaintiffs
undoubtedly
defendants
believed
protecting
integrity
educational
process
app
pet
cert
see
also
dobbs
law
remedies
pp
mccormick
law
damages
prosser
law
torts
ed
see
ex
rel
tyrrell
speaker
ex
rel
larkins
oswald
magnett
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stolberg
members
bd
trustees
state
colleges
donovan
reinbold
see
hilliard
law
torts
ch
ed
sedgwick
measure
damages
ed
thus
one
proponent
civil
rights
act
asked
debate
hat
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appropriate
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person
injured
another
color
state
laws
remedy
civil
action
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globe
remarks
wilson
one
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five
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section
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action
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remarks
thurman
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also
nahmod
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liability
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section
act
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act
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cert
dismissed
spence
staras
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huntoon
cert
denied
mansell
saunders
basista
weir
although
imply
approval
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cases
note
basis
award
case
district
specifically
found
petitioners
act
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respondents
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see
supra
appeals
approved
award
damages
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note
potential
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defendants
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see
civil
rights
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awards
act
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stat
amending
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process
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see
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discussions
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see
generally
mccormack
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judicial
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rev
nahmod
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liability
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comment
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rights
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texas
rev
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common
law
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constructing
immunities
see
imbler
pachtman
cases
discussed
title
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courts
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common
law
necessary
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dixon
love
ingraham
wright
arnett
kennedy
powell
concurring
part
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marshall
dissenting
mitchell
grant
goldberg
kelly
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cases
public
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interests
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process
thomas
ward
zimmerer
spencer
horton
orange
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bd
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also
burt
board
trustees
edgefield
county
school
opinion
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respondents
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injury
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law
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restatement
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comment
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second
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prosser
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ed
case
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action
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emotional
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robert
welch
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cases
cited
hostrop
board
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college
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denied
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mckey
poague
seaton
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cited
hostrop
supra
held
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discriminatory
refusals
lease
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plaintiffs
comment
seaton
umiliation
inferred
circumstances
well
established
testimony
suggests
considered
question
actual
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see
generally
recovery
damages
emotional
distress
resulting
racial
ethnic
religious
abuse
discrimination
basista
weir
sexton
gibbs
supp
nd
tex
aff
cert
denied
rhoads
horvat
supp
cited
hostrop
supra
courts
indicated
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distress
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claim
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left
open
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sexton
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plaintiff
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awarded
rhoads
horvat
allowed
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plaintiff
outraged
arrest
wayne
venable
cited
hostrop
supra
ashby
white
bro
eng
ld
raym
eng
appear
support
award
substantial
damages
simply
upon
showing
plaintiff
wrongfully
deprived
right
vote
citing
ashby
white
held
actions
damages
may
maintained
wrongful
deprivations
right
vote
considered
prerequisites
recovery
nixon
herndon
see
also
smith
allwright
coleman
miller
opinion
frankfurter
nixon
condon
myers
anderson
giles
harris
swafford
templeton
wiley
sinkler
rule
damages
wrongful
deprivations
voting
rights
embodied
ashby
white
course
quite
relevant
analogous
question
see
dobbs
law
remedies
pp
mccormick
law
damages
restatement
torts
number
lower
federal
courts
approved
award
nominal
damages
deprivations
constitutional
rights
shown
caused
actual
injury
thompson
burke
ex
rel
tyrrell
speaker
magnett
pelletier
basista
weir
bell
gayle
supp
nd
tex
ex
rel
myers
sielaff
supp
ed
berry
macon
county
bd
supp
md
respondents
contend
appeals
holding
affirmed
ground
district
held
high
standard
proof
amount
damages
appropriate
compensate
intangible
injuries
proved
suffered
brief
respondents
true
plaintiffs
ordinarily
required
prove
exactitude
amount
damages
awarded
compensate
intangible
injury
see
gertz
robert
welch
appeals
said
case
bar
proof
individualized
injury
respondents
mental
distress
case
posture
occasion
consider
quantum
proof
required
support
particular
damages
award
actual
injury
proved