School Law Bulletin [serial] 14, 1 (Jan 1983)

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20. Wallace v. King. 626 F.2d 1157, 1161 (4th Cir. 1980). See also Bogard v. Cook. 586 F.2d 399. 420 (5th Cir. 1978); Williams v. Anderson, 562F.2d 1081. 1101-02(8th Cir. 1977); Bertot v. School District No. 1,522 F.2d 1171, 1185 (10th Cir. 1975).
established. The Supreme Court has suggested that the "state of the law be evaluated by reference to the opinions of [the Supreme Court], of the Courts of Appeals, or of the local District Court . . . ." 21 Some combination of these two standards repr
...esents a recommended scope of inquiry for determining whether particular actions of a school official were clearly unconstitutional at the time they were taken.
Typically, a lower court begins its inquiry into a defen- dant official's right to qualified immunity by conducting a thorough search of all federal court cases decided before the alleged unconstitutional action took place. In many instances that search will reveal that no decided case has addressed the specific constitutional right allegedly vio- lated.


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