Scheuer v. Rhodes 416 U.S. 236 (1974)
SCHEUER v. RHODES 416 U.S. 236 (1974)
This decision established that high state officers are not absolutely immune from suit for constitutional violations. Ohio National Guard troops shot and killed four students demonstrating against the vietnam war. The deceased students' representatives sued Governor James Rhodes and other state officials, alleging reckless deployment of the Guard and unlawful orders to the Guard which led to the shootings. The Supreme Court held Rhodes not to be absolutely immune from suit. The Court did indicate that officials with substantial discretionary responsibilities are to be given greater deference than officials with more limited tasks. Rhodes connects the first section 1983 case on executive immunity, pierson v. ray, (1967), with later decisions such as wood v. strickland (1975) and Procunier v. Navarette (1978).
Theodore Eisenberg
(1986)