Legal Opinion

Lapides v. Board of Regents of Univ. System of Ga.

Supreme Court of the United States

Decided May 13, 2002No. 01-298PublishedCited by 1,427 opinions

1Opinion of the CourtJustice Breyer

The Eleventh Amendment grants a State immunity from suit in federal court by citizens of other States, U. S. Const., Arndt. 11, and by its own citizens as well, Hans v. Louisiana, 134 U. S. 1 (1890). The question before us is whether the State’s act of removing a lawsuit from state court to federal court waives this immunity. We hold that it does.

I

Paul Lapides, a professor employed by the Georgia state university system, brought this lawsuit in a Georgia state court. He sued respondents, the Board of Regents of the University System of Georgia (hereinafter Georgia or State) and university…

2Cases cited27 opinions

  1. Will v. Michigan Department of State PoliceSupreme Court of the United States · 1989
  2. Mitchell v. ForsythSupreme Court of the United States · 1985
  3. Hans v. LouisianaSupreme Court of the United States · 1890
  4. Puerto Rico Aqueduct and Sewer Authority v. Metcalf & Eddy, Inc.Supreme Court of the United States · 1993
  5. Atascadero State Hospital v. ScanlonSupreme Court of the United States · 1985

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3Cited by1,427 opinions

  1. Constantine v. Rectors and Visitors of George Mason UniversityCourt of Appeals for the Fourth Circuit · 2005
  2. Rosales-Mireles v. United StatesSupreme Court of the United States · 2018
  3. Sossamon v. Lone Star State of TexasCourt of Appeals for the Fifth Circuit · 2009
  4. Schrier v. University of ColoradoCourt of Appeals for the Tenth Circuit · 2005
  5. California ex rel Lockyer v. Dynegy, Inc.Court of Appeals for the Ninth Circuit · 2004

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