ABSTRACT
Many of the cases discussed in this book are based on claims that students’ constitutional rights have been violated. When students bring forth such complaints, they may also claim money damages for violation of their rights under the Civil Rights Act of 1871, 42 U.S.C. §1983. In such cases, plaintiffs must first prove that either their constitutional rights or their rights guaranteed by federal law have been violated. In addition, the people who violated these rights must be government agents working in their official capacity. This category would include public school personnel, but would not apply to private or religious school officials. If plaintiffs’ rights have not been violated, or if the people depriving the plaintiffs of their rights are not government officials, then the plaintiff cannot receive money damages under §1983.
