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= = =Legal Summary of Carey vs Piphus=

Case No. 48 Damages When Students are Denied Due Process prior to being suspended. Carey vs. Piphus Supreme Court of the United States, 1978 435 U.S 247,98 S Ct. 1042 55 L.Ws2s 252

** Summary: ** When students are suspended from school for a justified reason and not given their due process rights prior to the suspension the school may be held accountable for any injury this may cause the student including emotional and mental damages. Since due process is an absolute right provided for in the Constitution, then its’ denial is proof of injury. Therefore, the student will be entitled to recover”nominal damages not to exceed one dollar. “

-Jarius Piphus was a freshman at Chicago Vocational High School during the 1973-1974 school year -Principal saw student outdoors on school property passing back and forth what the principal described as an “irregularly shaped cigarette” -Student discarded in nearby hedge -Student brought to principal’s office -20-day suspension for violation of the school rule against the use of drugs was imposed -Suspension notice sent to Piphus' mother; two meetings were arranged; the purpose of said meetings was explain the reasons for the suspension -Suit filed against petitioners charging that Piphus had been suspended without due process of law in violation of the Fourteenth Amendment seeking declaratory and injunctive relief (actual and punitive damages) totaling $3,000 -Piphus readmitted under a temporary restraining order after eight days of his suspension -Students suspended for justified reasons without receiving due process rights prior to suspensionSchool may be held accountable for any injury (emotional and mental damages) -Due process is an absolute right provided for in the Constitution, then its’ denial is proof of injury; student will be entitled to recover “nominal damages not to exceed one dollar." (Carissa)

** Issue ** : Should a student be awarded damages for not being given due process rights prior to a justified suspension? Is denial of due process rights an act that could result in mental and emotional injury? Should these injuries need to be proven before damages are recovered?

** Holding: ** The Court of Appeals reverses this decision and the case is held over.

-Plaintiffs put no evidence in the record to quantify their damages; claims for damages therefore fail for “complete lack of proof." -Students were entitled to declaratory relief and to deletion of the suspensions from their school records. -The Court of Appeals reversed and remanded. District Court erred in not granting declaratory and injunctive relief. -Evidence submitted by respondents after judgment that tended to prove the pecuniary value of each day of school that they missed -While suspended respondents' suspensions were justified, they would be entitled to  recover substantial "non-punitive" damages (Carissa)

Rationale: The Court recognized everyone’s rights to due process but did not feel that one should collect a substantial amount for non-punitive damages without any proof of such damages or without actual injury. (Patricia)