Law & Courts

Supreme Court to Weigh Case on Official Immunity

By Mark Walsh — March 27, 2008 1 min read
  • Save to favorites
  • Print

The law surrounding the principle of “qualified immunity” gets complex pretty quickly. But for public school teachers and administrators, such immunity can often save them from exposure to damages in lawsuits and many hours in court.

The U.S. Supreme Court agreed this week to reconsider one of its important precedents on qualified immunity, which protects public officials such as educators and police officers from liability when their challenged actions did not violate clearly established law.

The immunity issue was an important part of last year’s famous “Bong Hits 4 Jesus” case, in which a student who had displayed a banner with that slogan challenged the discipline meted out by his high school principal. A lower federal court had ruled that the principal was not entitled to qualified immunity from a suit for damages because the student’s right to display the banner was so clearly established that the principal should have known she could not discipline him.

In Morse v. Frederick, the Supreme Court was effectively unanimous in overturning the lower court and ruling that the principal deserved qualified immunity. The justices were less unanimous on whether the “Bong Hits” banner merited First Amendment protection, ruling 5-4 that it did not.

In a concurring opinion, Justice Stephen G. Breyer said the Morse case could easily have been decided on qualified-immunity grounds alone if not for a 2001 high court decision on immunity known as Saucier v. Katz.

In that opinion, Justice Anthony M. Kennedy said that lower courts weighing civil rights cases must first decide whether there is a constitutional violation, and then proceed to decide whether the public official is entitled to qualified immunity. The theory is that if cases were often decided on immunity grounds alone, the courts would never resolve many constitutional questions.

But the Saucier decision has been widely criticized in the lower federal courts, and in his Morse concurrence, Justice Breyer called it “a failed experiment.”

His view may have had an influence on his fellow justices.

On March 24, the court announced it would review a case involving a police search in which the officers’ immunity was at issue. In accepting the appeal in Pearson v. Callahan (Case No. 07-751), the justices asked the parties to also address the question of whether Saucier v. Katz should be overruled.

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Reading & Literacy Webinar
Unlocking Success for Struggling Adolescent Readers
The Science of Reading transformed K-3 literacy. Now it's time to extend that focus to students in grades 6 through 12.
Content provided by STARI
Jobs Virtual Career Fair for Teachers and K-12 Staff
Find teaching jobs and K-12 education jubs at the EdWeek Top School Jobs virtual career fair.
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
College & Workforce Readiness Webinar
Portrait of a Learner: From Vision to Districtwide Practice
Learn how one district turned Portrait of a Learner into an aligned, systemwide practice that sticks.
Content provided by Otus

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Opinion Why the Supreme Court’s Ruling on Conversion Therapy Matters for Schools
A recent case puts religiously motivated speech ahead of the well-being of LGBTQ+ youth.
Jonathon E. Sawyer
5 min read
lgbtq student backpack with rainbow spectrum flag on stairs isolated
Education Week + iStock/Getty
Law & Courts Minn. Districts Ask Judge to Restore Immigration Enforcement Limits by Schools
Two districts say the policy change hurt attendance and cost them students.
3 min read
Fridley Superintendent Brenda Lewis speaks during a news conference in February at the Minnesota State Capitol.
Superintendent Brenda Lewis of the Fridley, Minn., school district speaks during a news conference in February 2026 at the Minnesota State Capitol. The Fridley district is one of two Minnesota school districts suing the U.S. Department of Homeland Security in an effort to restore restrictions on immigration enforcement in and near schools.
Carlos Gonzalez/Minnesota Star Tribune via TNS
Law & Courts Supreme Court Seems Poised to Reject Trump's Birthright Order
Trump’s attendance in the birthright citizenship case marked the first time a sitting president has done this.
6 min read
President Donald Trump leaves the Supreme Court, on April 1, 2026, in Washington.
President Donald Trump leaves the Supreme Court on April 1, 2026, in Washington. The justices signaled skepticism of Trump’s bid to restrict birthright citizenship.
Anthony Peltier/AP
Law & Courts Birthright Citizenship Case Raises Stakes for Schools and Undocumented Students
Educators are paying close attention to the case on Trump's birthright citizenship order.
10 min read
President Donald Trump signs an executive order on birthright citizenship in the Oval Office of the White House in Washington, Jan. 20, 2025.
President Donald Trump signs an executive order on birthright citizenship in the Oval Office of the White House on Jan. 20, 2025. The order, now before the U.S. Supreme Court, seeks to limit citizenship for some children born in the United States to immigrant parents without permanent legal status.
Evan Vucci/AP