Carey v. Piphus
United States Supreme Court
435 U.S. 247 (1978)
Relevant factsFree
Two students, Piphus and Brisco (plaintiffs), were suspended from public school without a hearing or opportunity to be heard, and the district court found this violated procedural due process under 42 U.S.C. § 1983 but awarded no damages; the Seventh Circuit reversed, holding the students should recover substantial "nonpunitive" damages regardless of whether the suspensions themselves were justified on the merits.
IssueFree
Whether, in a § 1983 action for deprivation of procedural due process, the plaintiff must prove actual injury from the deprivation before recovering more than nominal damages.