Where plaintiff sufficiently alleges imposition of school suspension based on impermissible considerations of race, no qualified immunity for initial adjudication (Due Process & EP) - Qualified immunity granted for DP allegations on appeal, as there was no constitutional right to an appeal.
Where plaintiff in S1983 claim does not plead a plan or agreement among defts, court is to consider defts separately in analyzing qualified immunity -- not as conspirators.
Denial of qualified immunity to school official who imposed a suspension upheld -- sufficient pleading that adjudication's impartiality had been manifestly compromised.
Immunity for officials who handled case after initial appeal to board, as such appeals were not constitutionally required.
Qualified immunity for EP violation (race) denied to initial decisionmaker, but granted for others, given allegations in pleading.
Christian Heyne v. Metropolitan Nashville Public Schools
Friday, August 26, 2011
Sixth Circuit -- Christian Heyne v. Metropolitan Nashville Public
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Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.
Author's SSRN page here.