School Law Bulletin [serial] 12, 1 (Jan 1981)

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97 S. Ct.
285 (1976). The Fourth Circuit Court of Appeals has suggested, however, that under certain circumstances a person may recover under Section 1983 for the negligent violation of his rights by public officers. Withers v. Levine. 615 F.2d 158 (4th Cir. 1980) (dicta). Apparently, the Fourth Circuit would require a per vasive and unreasonable risk of a constitutional violation before a negligent failure to prevent the violation by public officers could result in Section 1983 liability. In f
...act, a failure to act under such circumstances probably constitutes recklessness and suggests that the Fourth Circuit would follow those courts that have required a past pattern of misconduct before the failure of supervisory school officers to take remedial action can make the school administrative unit liable under Section 1983.
15. E.g., Bready v. Geist. 83 F.R.D. 432 (E.D. Pa. 1979) (Section 1983 lawsuit against township based on inaction by supervisor was dismissed before trial because plaintiff did not plead specific incidents of past misconduct); Schramm v.


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