ERIC Number: ED170836
Record Type: RIE
Publication Date: 1979
Reference Count: N/A
Suits for Damages and Attorneys' Fees Against School Districts and School Officials.
This paper explores legal issues that have arisen since the overruling of Monroe v. Pape, a case holding that municipalities were not persons and therefore immune from suit. Monell v. Department of Social Services of City of New York ruled that local governmental bodies, including officials in their official capacities, can be sued directly for monetary, declaratory, or injunctive relief. The paper discusses what injury must be proven to entitle a plaintiff to damages and whether the prevailing party should be awarded attorneys' fees. The paper concludes that as a result of Monell, more suits will undoubtedly be filed against political subdivisions. As a result of the governmental body being amenable to suit, fewer suits should be filed that are aimed primarily at individual defendants. (Author/LD)
Descriptors: Court Litigation, Elementary Secondary Education, Government Employees, Legal Responsibility, Local Government
Not available separately; See EA 011 580
Publication Type: Legal/Legislative/Regulatory Materials; Opinion Papers; Speeches/Meeting Papers
Education Level: N/A
Authoring Institution: National Organization on Legal Problems of Education, Topeka, KS.
Identifiers: Monell v Department of Social Services New York
Note: Chapter 1 of "Contemporary Legal Issues in Education" (EA 011 580); For related documents, see EA 011 580-581 and EA 011 583-598; Paper presented at the 1978 Annual Convention of the National Organization on Legal Problems of Education