The Battalion. (College Station, Tex.) 1893-current, March 22, 1978, Image 6

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    Page 6 THE BATTALION
WEDNESDAY, MARCH 22, 1978
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Prices subject to change Monday, March 27, 1978.
Students merit
hearing before
suspension
1
j
United Press International
WASHINGTON-The Suprt,
Court said today two students
pended without a hearing
entitled to damages of up to$l
because school officials violated^
rights.
The court said the students
collect “nominal damages’’ evei
their suspensions were justified
they did not suffer specific pens:
injury as a result.
But it said to collect larger i,.
pensatory damages, students
prove actual injury — such as fits
cial loss or “emotional distress'
from an unjustified suspension,
“By making the deprivatioi
such rights actionable for non;
damages without proof of actail
jury, the law recognizes theiirif me
tance to organized society that4
rights be scrupulously observe
said J ustice Lewis Powell, writing
the court.
"But at the same time it re®
true to the principle that substu
damages should be awarded oil)
compensate actual injury orii
case of exemplary or punitivei > us
ages, to deter or punish maliii
deprivations of rights.”
The court ruled on console
civil rights cases filed in be
youths — one suspended for su
ing a curious-looking cigarette,
other for wearing an earring.
Silas Briscoe was suspended!;!
days in 1973 from fifth gn
at Barton Elementary School
wearing an earring, denoting re
bership in the “Boss Pimps B
pies street gang.
Jarius Piphus, a student
Chicago Vocational High Set
was suspended for 20 days in 191!
smoking an "irregularly shaped
arette the principal suspected
marijuana.
U.S. District Judge R.VV. Mi
ren declined to award damages,
ing school officials had not acted
lieiously. He also refused “coi
satory damages.”
The 7th U.S. Circuit Court*
peals, however, said those#!
civil rights are violated mayreci
general compensatory damage!
herent in the nature of them
even if they fail to establish
vidual injury or financial loss.
Powell disagreed.
“Rights, constitutional and
wise, do not exist in a vacuum,
said. “Their purpose is to pt
persons from injuries to parts
interests."
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^ '846-6714 & 846-1151 _
UNIVERSITY SQUARE SHOPPING
OA I LYj
7:45|
9:45 WALTER MATTHAU
ADULT GLENDA JACKSON
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CH I LDRICHARD benjamin
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l"Casev r s Shade
DA | LY
7:20
9:25
ADULT
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CHI LD
$ U 50 NOMINATEDF0t
5 ACADEMY AWARD!
rrrrwiNNcq of 4 golden globesJ