Howlett Ex Rel. Howlett v. Rose
Supreme Court of the United States
1Opinion of the CourtJustice Stevens
Section 1 of the Civil Rights Act of 1871, Rev. Stat. § 1979, now codified as 42 U. S. C. § 1983, creates a remedy for violations of federal rights committed by persons acting under color of state law. State courts as well as federal courts have jurisdiction over § 1983 cases. The question in this case is whether a state-law defense of “sovereign immunity” is available to a school board otherwise subject to suit in a Florida court even though such a defense would not be available if the action had been brought in a federal forum.
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Petitioner, a former high school student, filed a…
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