Lapides v. Board of Regents of University System of Georgia
January 01, 1970
Lapides v. Board of Regents of University System of Georgia, 535 U.S. 613 (2002), is a decision by the Supreme Court of the United States which ruled that a state voluntarily waives at least part of its Eleventh Amendment immunity when it invokes a federal court'sremoval jurisdiction. There has subsequently been a "circuit split" in federal courts regarding whether a state waives immunity from liability or only a federal forum.[1]
Paul Lapides v. Board of Regents of University System of Georgia
A State waives its Eleventh Amendment immunity when it removes a case from state court to federal court. The university officials' voluntary removal of the action expressly invoked the jurisdiction of the federal courts and thus constituted a waiver of sovereign immunity with regard to state law claims for which immunity was waived in state court. It is an established general principle that a State's voluntary appearance in federal court amounts to a waiver of its Eleventh Amendment immunity. Although Georgia was brought involuntarily into the case as a defendant in state court, it then voluntarily removed the case to federal court, thus voluntarily invoking that court's jurisdiction. Eleventh Circuit Court of Appeals reversed and remanded.
A professor filed suit in state court claiming that adding when they placed sexual harassment allegations in his personnel files violated state tort laws. The university system voluntarily moved the case to federal court and sought dismissal there.
Opinion of the courtedit
Justice Stephen Breyer delivered the opinion of the Court.
^Stroud v. McIntosh, No. 12-10436 (11th Cir. 2013)
External linksedit
Text of Lapides v. Board of Regents of University System of Georgia, 535U.S. 613 (2002) is available from:JustiaLibrary of CongressOyez (oral argument audio)
lapides, board, regents, university, system, georgia, 2002, decision, supreme, court, united, states, which, ruled, that, state, voluntarily, waives, least, part, eleventh, amendment, immunity, when, invokes, federal, court, removal, jurisdiction, there, subse. Lapides v Board of Regents of University System of Georgia 535 U S 613 2002 is a decision by the Supreme Court of the United States which ruled that a state voluntarily waives at least part of its Eleventh Amendment immunity when it invokes a federal court s removal jurisdiction There has subsequently been a circuit split in federal courts regarding whether a state waives immunity from liability or only a federal forum 1 Paul Lapides v Board of Regents of University System of GeorgiaSupreme Court of the United StatesArgued February 25 2002Decided May 13 2002Full case nameLapides v Board of Regents of University System of GeorgiaDocket no 01 298Citations535 U S 613 more 122 S Ct 1640 152 L Ed 2d 806Case historyPrior251 F 3d 1372 11th Cir 2001 cert granted 534 U S 991 2001 HoldingA State waives its Eleventh Amendment immunity when it removes a case from state court to federal court The university officials voluntary removal of the action expressly invoked the jurisdiction of the federal courts and thus constituted a waiver of sovereign immunity with regard to state law claims for which immunity was waived in state court It is an established general principle that a State s voluntary appearance in federal court amounts to a waiver of its Eleventh Amendment immunity Although Georgia was brought involuntarily into the case as a defendant in state court it then voluntarily removed the case to federal court thus voluntarily invoking that court s jurisdiction Eleventh Circuit Court of Appeals reversed and remanded Court membershipChief Justice William Rehnquist Associate Justices John P Stevens Sandra Day O ConnorAntonin Scalia Anthony KennedyDavid Souter Clarence ThomasRuth Bader Ginsburg Stephen BreyerCase opinionMajorityBreyer joined by unanimousLaws appliedU S Const amend XI Contents 1 Background 2 Opinion of the court 3 See also 4 References 5 External linksBackground editA professor filed suit in state court claiming that adding when they placed sexual harassment allegations in his personnel files violated state tort laws The university system voluntarily moved the case to federal court and sought dismissal there Opinion of the court editJustice Stephen Breyer delivered the opinion of the Court See also editList of United States Supreme Court cases volume 535 List of United States Supreme Court casesReferences edit Stroud v McIntosh No 12 10436 11th Cir 2013 External links editText of Lapides v Board of Regents of University System of Georgia 535 U S 613 2002 is available from Justia Library of Congress Oyez oral argument audio nbsp This article related to the Supreme Court of the United States is a stub You can help Wikipedia by expanding it vte Retrieved from https en wikipedia org w index php title Lapides v Board of Regents of University System of Georgia amp oldid 1175144872, wikipedia, wiki, book, books, library,
