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CAREY v. PIPHUS

No. 76-1149.

435 U.S. 247 (1978)

98 S.Ct. 1042

55 L.Ed.2d 252

CAREY ET AL. v. PIPHUS ET AL.

Supreme Court of United States.

Decided March 21, 1978.

Attorney(s) appearing for the Case

Earl B. Hoffenberg argued the cause for petitioners. With him on the briefs was Michael J. Murray.

John Elson argued the cause for respondents. With him on the brief was David Goldberger.*

MR. JUSTICE POWELL delivered the opinion of the Court.

In this case, brought under 42 U. S. C. § 1983, we consider the elements and prerequisites for recovery of damages by students who were suspended from public elementary and secondary schools without procedural due process. The Court of Appeals for the Seventh Circuit held that the students are entitled to recover substantial nonpunitive damages even if their suspensions were justified, and even if they do...

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