context: The aim of a compensatory damages award in a section 1983 case is to put the plaintiff in the same position he would have been in if the constitutional tort had not occurred. It therefore follows logically that an employee who has a due process right to a pre-termination hearing and who is discharged without being given one would be entitled to back pay from the date of his discharge to the earliest date the discharge could have taken effect had the proper procedures been followed.
citation_a.signal: see
citation_a.identifier: 435 U.S. 253, 253-54
citation_a.parenthetical: purpose of a section 1983 damages award is to compensate plaintiff for the injuries caused by the violation of his constitutional rights
citation_a.sentence: See Carey, 435 U.S. at 253-54, 98 S.Ct. at 1046-47 (purpose of a section 1983 damages award is to compensate plaintiff for the injuries caused by the violation of his constitutional rights); Patterson v. Portch, 853 F.2d 1399, 1408 (7th Cir.1988) (“All [the employee] lost as a result of the constitutional violation was his salary between the day that [the employer] terminated him and the day on which his dismissal would have taken effect had [the employer] followed the prescribed procedures.”) (emphasis in original); but see Simien, 809 F.2d at 258 (no back pay can be awarded if the employee would have been fired anyway).
citation_b.signal: but see
citation_b.identifier: 809 F.2d 258, 258
citation_b.parenthetical: no back pay can be awarded if the employee would have been fired anyway
citation_b.sentence: See Carey, 435 U.S. at 253-54, 98 S.Ct. at 1046-47 (purpose of a section 1983 damages award is to compensate plaintiff for the injuries caused by the violation of his constitutional rights); Patterson v. Portch, 853 F.2d 1399, 1408 (7th Cir.1988) (“All [the employee] lost as a result of the constitutional violation was his salary between the day that [the employer] terminated him and the day on which his dismissal would have taken effect had [the employer] followed the prescribed procedures.”) (emphasis in original); but see Simien, 809 F.2d at 258 (no back pay can be awarded if the employee would have been fired anyway).