Exam 3 part 3 Flashcards
(14 cards)
What did the Court decide in Wood v. Strickland (1975)?
School officials can be sued under Section 1983 if they violate students’ clearly established constitutional rights. Good faith offers protection, but not if they knew or should have known their actions would violate rights.
What was the ruling in County of Sacramento v. Lewis (1998)?
The Court ruled that the 14th Amendment does not guarantee a right to sue for harm unless there was intent to harm. Reckless high-speed police chases do not meet this standard.
What did the Court hold in DeShaney v. Winnebago County (1989)?
The state is not responsible under the Due Process Clause for harm caused by a private individual. Social workers letting a child return to an abusive home did not violate the 14th Amendment.
What was the significance of Bivens v. Six Unknown Named Agents (1971)?
The Supreme Court allowed people to sue federal officials for constitutional violations (like illegal searches), creating an implied right of action under the 5th Amendment.
What did the Court decide in Ziglar v. Abbasi (2017)?
The Court limited the use of Bivens actions. Officials who detained and allegedly abused Muslim immigrants after 9/11 could not be sued, because it involved new legal issues.
What happened in Hernandez v. Mesa (2020)?
The Court ruled a Border Patrol agent could not be sued for shooting a Mexican teenager across the border. It said Bivens does not apply to cross-border incidents.
What was the result of Dalehite v. United States (1953)?
The Court ruled the government could not be sued under the FTCA for a massive explosion in Texas because the actions involved policy decisions and were protected by the discretionary function exception.
What did the Court hold in Perry v. Sindermann (1972)?
Even a non-tenured professor may have a “property interest” in their job if there are rules or understandings suggesting continued employment. This triggers due process protections.
What was decided in Cleveland Board of Education v. Loudermill (1985)?
The Court ruled that tenured public employees have a right to a hearing before being fired. Post-termination hearings are not enough without due process first.
What did the Court say in Gilbert v. Homar (1997)?
The Court upheld the temporary suspension of a public employee without a prior hearing, especially after felony charges. But once charges are dropped, a prompt hearing is required.
What did the Court rule in Rankin v. McPherson (1987)?
The Court ruled in favor of a public employee who was fired for anti-Reagan comments, saying her First Amendment rights were protected because her job wasn’t sensitive or public-facing.
What happened in Elrod v. Burns (1976)?
The Court said public employees can’t be fired just because of their political party. Doing so violates the First Amendment unless the job involves policymaking.
What was the issue in Kelley v. Johnson (1976)?
The Court upheld a police department’s rule limiting hair length, saying it was rationally related to goals like discipline and public respect. It did not violate constitutional rights.
What was decided in NTEU v. Van Raab (1989)?
The Court upheld drug testing for Customs agents moving into sensitive jobs. It said public safety outweighed their limited expectation of privacy.
