Exam 3 part 2 Flashcards
Under what conditions can you sue the government or administrators for damages?
You may sue if the official acted outside the scope of their duties or violated clearly established rights. Bivens actions and Section 1983 apply to federal and state officials, respectively. Immunity (qualified or absolute), discretion under FTCA, and good faith can serve as defenses.
What must be proven to win a lawsuit against the government for constitutional violations?
You must prove a violation of a clearly established constitutional right, and that the official was aware or should have been aware their conduct was unlawful. Courts often require proof of bad faith, intent, or a clear lack of due process.
What are legal defenses available to administrators sued for violating rights?
Defenses include qualified immunity (no violation of clearly established law), discretionary function exception under FTCA, good faith (Wood v. Strickland), or lack of standing (DeShaney v. Winnebago).
What constitutional rights might be implicated when a professor is demoted for criticizing a tuition hike?
Potential First Amendment free speech violation and Fourteenth Amendment due process rights. Key cases: Perry v. Sindermann (property interest in employment) and Loudermill (right to a hearing).
Does a tenured professor have a due process right to a hearing before demotion?
Yes. Loudermill holds that a hearing is required when there’s a continued expectation of employment. The Mathews test balances private interest, risk of error, and government burden.
What must be proven for Equal Pay Act and Title VII claims?
Under EPA: unequal pay for equal work based on sex. Title VII: evidence of discrimination based on protected class, despite qualifications. Defenses include merit, seniority, or job-related factors.
How can an agency defend against ADA claims?
It can argue the employee is not qualified even with reasonable accommodation, or that accommodation imposes an undue hardship. Reasonableness depends on employer’s size, resources, and job functions.
Can the government require drug testing for employment in public agencies?
Yes, in specific roles with safety or national security implications. NTEU v. Van Raab upheld warrantless drug tests for customs officers in sensitive positions, citing diminished expectation of privacy.
What is a Bivens action and how does it relate to Section 1983?
A Bivens action allows individuals to sue federal officials for constitutional violations, similar to how Section 1983 applies to state officials.
What is the Federal Tort Claims Act (FTCA) and what are its limitations?
The FTCA waives federal sovereign immunity for torts committed by government employees acting within the scope of employment. However, it does not allow for claims involving discretionary functions, defamation, or punitive damages. Additionally, claims must be administrative exhausted and do not include jury trials. Case example: Dalehite v. U.S. (1953) dismissed a claim over a deadly explosion because the decision involved discretion.
What does qualified immunity protect against and when does it not apply?
Qualified immunity protects government workers from being sued for their actions on the job—unless they broke a law or violated someone’s rights that were already clearly established. If a reasonable person in their position would not have known they were doing something wrong, they are usually protected
What rights do public employees have regarding political expression?
Public employees have limited First Amendment protections. Speech is protected when it addresses matters of public concern and does not disrupt the workplace. Cases like Rankin v. McPherson and Elrod v. Burns protect non-policy-making employees from political retaliation. However, restrictions on political activity at work (e.g., campaigning on duty) are usually upheld.
What are the differences between individual and systemic disparate treatment?
Individual disparate treatment involves a specific person being discriminated against based on a protected class. Systemic disparate treatment involves patterns or practices of discrimination affecting multiple individuals across a workplace. The burden of proof in systemic cases often relies on statistical disparities and comparisons in hiring, pay, or promotions.
What is the role of the Mathews v. Eldridge test in public employment law?
The Mathews test determines what kind of due process is required before the government can deprive someone of a property or liberty interest. It weighs (1) the private interest affected, (2) the risk of erroneous deprivation, and (3) the government’s interest, including administrative burden. It’s commonly applied to cases involving suspension, demotion, or termination of public employees.
