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ERIC Number: ED268674
Record Type: Non-Journal
Publication Date: 1985
Pages: 19
Abstractor: N/A
ISBN: N/A
ISSN: N/A
EISSN: N/A
Section 1983 Liability: Recent Developments in the Merger of State and Federal Remedies.
Vacca, Richard S.
Section 1983 of the Civil Rights Act of 1871 was designed as a flexible and broadly scoped statute to restrict a wide variety of actions of state officials. During the past 15 years the number of court cases in which provisions of the 1871 act have been applied to school-related issues has increased geometrically. In 1961 the provisions of the act were made applicable to local public school board members and administrators; in 1975, the act was subsequently interpreted by the Supreme Court as a protection for students. In 1980, the Supreme Court ruled that a local governmental body whose official policy or custom violated a person's constitutional rights is not entitled to immunity from damages. This case, testing good faith immunity of muncipalities, was subsequently held applicable to local public school boards. A number of cases during the period from 1961 to 1981 are examined. During that time court decisions increased considerably the vulnerability of school boards, school board members, and school officials for the actions they may have taken that resulted in a deprivation of someone's rights. A brief review of selected cases demonstrates the trend over the past two years for aggrieved persons to seek remedy in federal court through section 1983 where state remedy is either inadequate, nonexistent, or inoperative. School officials are advised to gain a better understanding of the concepts of civil rights tort law. (MLF)
Publication Type: Historical Materials; Reports - Descriptive
Education Level: N/A
Audience: Administrators; Policymakers; Practitioners
Language: English
Sponsor: N/A
Authoring Institution: National Organization on Legal Problems of Education, Topeka, KS.
Identifiers - Laws, Policies, & Programs: Fourteenth Amendment
Grant or Contract Numbers: N/A