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
Recruitment & Retention Webinar
Hiring, Retention, and Fill Rates: A Data-Driven Sub Strategy
Explore what keeps substitutes coming back and hear how one district rebuilt its substitute hiring process and improved its fill rate.
Content provided by Frontline Education
Early Childhood K-12 Essentials Forum Early Childhood Education: Building Essential Skills for Success
Join this free virtual event to examine the biggest challenges in supporting young children, from preschool through elementary school. 
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
Student Absenteeism Webinar
Attendance Isn't an Attendance Problem
Boost attendance by strengthening relationships, belonging, and support with practical strategies from Doug Fisher & Nancy Frey.
Content provided by Corwin

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 These Parents Want to Opt Their Kids Out of Ed Tech. Can They Win in Court?
Parents in a Pennsylvania district say ed tech distracts from more meaningful learning.
10 min read
Yair Lev stands by as a screen displaying an itinerary for a Lower Merion Board of School Directors meeting at the Lower Merion School District Administration Building on May 11, 2026, in Ardmore, Pa.
Yair Lev stands by as a screen displaying a document for a school district board of directors meeting at the Lower Merion school district administration building on May 11, 2026, in Ardmore, Pa. Lev is among a group of parents who have sued the Philadelphia-area school district seeking the ability to opt their children out of the required use of school technology.
Joe Lamberti/AP
Law & Courts Title IX Doesn't Require Transgender Athletes' Exclusion, Judge Rules
A federal judge dismissed a lawsuit from the Trump administration alleging California violated Title IX.
Kevin Rector, Los Angeles Times
4 min read
CLOVIS, CA MAY 30, 2026: Transgender athlete AB Hernandez, center, competed in three qualifying events at the CIF State Track Championship in Clovis, CA on May 30, 2026. Hernandez placed first in qualifying for the long jump on Friday. Hernandez competes in the finals on Saturday in the high jump, long jump and triple jump.
Transgender athlete AB Hernandez, center, competed in three qualifying events at the CIF State Track Championship in Clovis, Calif., on May 30, 2026. The Trump administration sued California over its policy allowing transgender girls to compete on girls' athletic teams. A judge has dismissed that lawsuit.
Tomas Ovalle / Los Angeles Times via Getty Images
Law & Courts Trump Admin. Says School District Facilitates 'Gender Transitions,' Files Suit
The lawsuit comes after several months of back and forth with the Kansas City, Kan., public schools.
Sofi Zeman, The Kansas City Star
2 min read
Acting Deputy Executive Associate Director at Homeland Security Investigations Matthew Millhollin holds a Department of Justice folder during a news conference to announce charges being brought against Chinese nationals involved in a marriage fraud scheme at the Department of Justice on Aug. 12, 2026 in Washington, D.C. The group have been accused of running a scheme where foreign nationals paid money to American citizens for fraudulent marriages in order to receive green cards then immediately filed for divorce once permanent residency in the U.S. had been established. (Photo by Samuel Corum/Sipa USA)
An official holds a Department of Justice folder during a news conference on Aug. 12, 2026 in Washington. The DOJ sued the Kansas City, Kan., public schools over guidelines addressing how school staff address students who request to go by pronouns that differ from their sex at birth.
Samuel Corum/Sipa USA via AP
Law & Courts Court Blocks Trump Admin.'s Abstinence Emphasis in Teen Pregnancy Program
HHS revamped the grant with new requirements that align with conservative priorities.
3 min read
The office of Planned Parenthood of the Heartland, one of Nebraska's few abortion clinics, is seen in Omaha, Neb., Wednesday, Oct. 19, 2022.
The office of Planned Parenthood of the Heartland, one of Nebraska's few abortion clinics, is seen in Omaha, Neb., on Oct. 19, 2022. The organization is part of a coalition of affected grantees affected by the Trump administration funding for teen pregnancy programs.
Josh Funk/AP