Step 1: Review the following scenario. Review the hypothetical case of Speeker v
Step 1: Review the following scenario.
Review the hypothetical case of Speeker v. South Bay County School District found below:
Susie Speeker attended an event-sponsored health fair.
Susie’s trail, Oliver Wendell Holmes soaring rail, had a booth at the fair.
One of the topics she chose was the harmful effects of drugs use.
Susie attended the fair with her mother, father, and brother. Susie’s mother is a cancer survivor.
The Speeker family believes that hemp should be legalized for compassionate use. Susie held a sign at the fair that give support to Be compassionate, legalize ganja for medical purposes.
Susie was photographed carrying the sign. The picture of Susie, with the sign, was published in the school paper. She was banned from school for ten days. Issue Did the school district have the right to suspend Susie for her act? Presume the school district was not justified in so doing; Does Susie have a cause of action based on 42 U.S.C. 1983? Discussion 42 U.S.C. 1983 and any relief available to those whose constitutional rights have been violating by anyone acting with State authority. Susie and her parents appealed the decision of the South Bay County School District which upheld the suspension. Does Tinker v. Des Moines set precedent for this matter. In the case of Tinker v. Des Moines, the Court held that students have a right to display armbands at school. Let’s assume that you’ve already done one legal research project about this matter. You’ve already determined that the school district was not justified in suspending Susie. Now you have a new project:
Based on the statutory language of 42 USC sec. 1983 and the facts of the case determine whether Susie has a claim under 42 USC sec. 1983. STAY ON TARGET: Do NOT look at case law or write a lot about facts that do not exist. Answer the question at hand. Please do this in complete sentences and in paragraph form.
In answering the question at hand:
1. Write the appropriate parts of the statute in your own words. Then write how the relevant facts match up with the appropriate sections of the statute. 2. Think about which way you’d write the Statement of Facts for this problem if you had to write a Memorandum of Law. Write which method you would choose for this problem and why.
3. Remember — this is only a discussion post. Write a couple of paragraphs that simply answer the question. Step 2: Identify the steps and complete sentences and paragraph form needed to create your Statement of Facts.