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Remedies Keyed to Tabb, 8th
Carey v. Piphus
Citation:
435 U.S. 247 (1978)Facts
Jarius Piphus was suspended for 20 days after a school principal observed him with what appeared to be marijuana on school property. Silas Brisco was suspended for 20 days for wearing an earring in violation of a school rule prohibiting male students from wearing earrings. Neither student received a hearing before suspension was imposed, though both were eventually readmitted to school after filing federal lawsuits. The students filed suit under Section 1983 claiming violation of their Fourteenth Amendment procedural due process rights. The District Court found that procedural due process had been denied but awarded no damages because the students failed to prove any actual injury. The students sought both compensatory and punitive damages for the constitutional violations.
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