Liability for Constitutional Torts and the Risk-Averse Public School Official

Abstract

only by the vagaries of federal court opinions, but even more often by what is not said.The treatment of federal courts.issuesoften appears quixotic as matters which were not addressed in a myriad of earlier opinions suddenly become the stuff of a new case for the Hart and Wechsler casebook.Nowhere is this ambiguity better exemplified than with respect to the largely judge-made law that has developed in relation to section 1983 suits against public officials of state and local governments for the alleged deprivation of constitutional rights. 2 Whether injunctive relief or damages are sought, the careful lawyer must learn to manipulate the many rules governing recovery if he is to protect his client-no matter how illogical and ill-defined the rules may appear.This Article will explore some of these section 1983 problems in 2. The statute which is central to the discussion in this Article provides in full as follows:Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.42 U.S. C. § 1983 (1970).The literature on the subject is immense.See

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