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" ... knew or reasonably should have known that the action he took within his sphere of official responsibility would violate the constitutional rights of the student affected, 53. "
Clearinghouse Review - Page 823
1980
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School Violence and Vandalism: Hearing Before the Subcommittee to ...

United States. Congress. Senate. Committee on the Judiciary. Subcommittee to Investigate Juvenile Delinquency - Juvenile delinquency - 1976 - 1120 pages
...rights. By a 5-4 vote, the Court further ruled that a school board member may be personally liable for damages "if he knew or reasonably should have known...would violate the constitutional rights of the student effected, or if he took the action with the malicious intention to cause a deprivation of constitutional...
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Models and strategies for change: 1975

United States. Congress. Senate. Committee on the Judiciary. Subcommittee to Investigate Juvenile Delinquency - School discipline - 1976 - 1096 pages
...discipline, we hold that a school board member is not immune from liability for damages under f 1983 if he knew or reasonably should have known that the...official responsibility would violate the constitutional righta of the student affected, or if he took the action with the malicioua intention to cause a deprivation...
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Municipal Securities Full Disclosure Act of 1976: Hearings Before the ...

United States. Congress. Senate. Committee on Banking, Housing, and Urban Affairs. Subcommittee on Securities - Disclosure of information - 1976 - 544 pages
...capacity for invading the plaintiff's constitutional rights, but that the official would be liable "only if he knew or reasonably should have known that the action he took within the sphere of his official responsibility would violate the constitutional rights of the student affected,...
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Compendium of the Law on Prisoners' Rights, Part 1

Ila Jeanne Sensenich - Convicts - 1979 - 526 pages
...adjudicating official must act without malice. But the inquiry does not end there. He can be held liable for damages if he knew or reasonably should have known that the action he took would violate the constitutional rights of the party affected. ... . We therefore hold that in § l983...
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Report of the Committee on the Judiciary, House of Representatives, Ninety ...

Constitutional law - 1983 - 782 pages
...objective and subjective elements, we have held that qualified immunity would be defeated if an official "knew or reasonably should have known that the action...responsibility would violate the constitutional rights of the [planitiff], or if he took the action with malicious intention to cause a deprivation of constitutional...
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Crime and Violence in the Schools: Hearing Before the Subcommittee ..., Volume 4

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Juvenile Justice - Government publications - 1984 - 272 pages
...student. The Court held that: a school official is not immune from liability for damages under S. 1983 if he knew or reasonably should have known that the action he took ... would violate the constitutional rights of the student affected, £r if he took the action with...
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Legal Fees Equity Act: Hearings Before the Subcommittee on the Constitution ...

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution - Civil rights - 1986 - 546 pages
...insubstantial claims without resort to trial. "• * [Qlualified immunity would be defeated if an official 'knew or reasonably should have known that the action...responsibility would violate the constitutional rights of the plaintiff • • •• . "• * [G]overnment officials performing discretionary functions generally...
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The Unpublished Opinions of the Burger Court

the late Bernard Schwartz - Law - 1988 - 497 pages
...USC § 1983, Wood v. Strickland, US . Under that decision, the relevant question is whether O'Connor "knew or reasonably should have known that the action...responsibility would violate the constitutional rights of [Donaldson], or if he took the action with the malicious intention to cause a deprivation of constitutional...
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The Soviets and the Pacific Challenge

Martin O'Hare - Business & Economics - 1991 - 506 pages
...good-faith immunity, establishing that a public servant is immune from personal damages liability unless "he knew or reasonably should have known that the...responsibility would violate the constitutional rights of the [individual] affected, or if he took the action with the malicious intention to cause a deprivation...
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Desktop Guide to Good Juvenile Probation Practice

DIANE Publishing Company - 1994 - 147 pages
...decision another important statement is made: ...qualified immunity would be defeated if an official knew or reasonably should have known that the action...responsibility would violate the constitutional rights of the (plaintiff), or if he took the action with the malicious intention to cause a deprivation of constitutional...
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