This paper compares two landmark American legal disputes: Hazel Moore v. Kuhn (commonly referred to as Hazel v. Kuhn ), a 1965 Ninth Circuit case on student suspensions and qualified immunity, and Dred Scott v. Sandford (1857), a U.S. Supreme Court case denying African Americans citizenship. While separated by a century, both cases address the limits of governmental power over individuals. However, Hazel Moore advanced procedural due process rights in public education, whereas Dred Scott represented a nadir of judicial protection of fundamental rights. This analysis highlights how legal remedies—or their absence—shape societal notions of personhood and liberty.
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| Criterion | Dred Scott (1857) | Hazel Moore (1965) | |-----------|----------------------|------------------------| | | Enslaved Black man | Public high school student | | Right asserted | Freedom / Citizenship | Procedural due process before suspension | | Court’s ruling | No rights whatsoever | Rights exist, but immunity applies here | | Legal legacy | Overturned by 14th Amendment | Strengthened qualified immunity doctrine; cited in Goss v. Lopez | | View of government authority | Unlimited over non-citizens | Limited but immunized for unclear law | Sandford (1857), a U