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   SUPREME COURT/Key Cases 1997-1998


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First Amendment Rights:
Crawford-El, Leonard v. Britton, Patricia

Appealed From: U.S. Court of Appeals, District of Columbia
Subjects: Section 1983; First Amendment; Retaliation

Argued: Dec. 1, 1997

Decided: May 4, 1998
Vote: 5-4
At Issue: Whether the plaintiff in a case charging a government official with retaliating against him for exercising his First Amendment rights must prove with "clear and convincing" evidence the official's unconstitutional intent. Also, whether the official has qualified immunity if she can justify as reasonable the act in question, even if evidence shows her reason for acting was unconstitutional.

Decision: With a 5-4 vote, the justices decided to make it easier to get a jury trial against public officials accused of violating a person's civil rights.

Read the full text of the Crawford-El v. Britton decision at the Findlaw Internet Legal Resources Web site. The full text of the 1996 lower court case is available there as well, as is the First Amendment.


Background from The Post
Court Eases Retaliation Standard (May 5, 1998)

Sources: The Washington Post, Supreme Court, The United States Law Week (a Bureau of National Affairs, Inc. publication)



© Copyright 1998 The Washington Post Company

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