Legal Opinion

Howlett Ex Rel. Howlett v. Rose

Supreme Court of the United States

Decided June 11, 1990No. 89-5383PublishedCited by 1,147 opinions

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…

2Cases cited115 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. Will v. Michigan Department of State PoliceSupreme Court of the United States · 1989
  3. Scheuer v. RhodesSupreme Court of the United States · 1974
  4. City of Canton v. HarrisSupreme Court of the United States · 1989
  5. Mt. Healthy City School District Board of Education v. DoyleSupreme Court of the United States · 1977

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3Cited by1,147 opinions

  1. Exxon Mobil Corp. v. Saudi Basic Industries Corp.Supreme Court of the United States · 2005
  2. Alden v. MaineSupreme Court of the United States · 1999
  3. W. Michael Kimes J. Colette Boykin v. Peter G. Stone, Judge, Superior Court Robert L. Mezzetti, II Henry Mariani Robert MacHadoCourt of Appeals for the Ninth Circuit · 1996
  4. McPherson v. KelseyCourt of Appeals for the Sixth Circuit · 1997
  5. Lewis v. SullivanCourt of Appeals for the Seventh Circuit · 2002

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