Legal Opinion
Wisconsin Department of Corrections v. Schacht
Supreme Court of the United States
Decided June 25, 1998No. 97-461PublishedCited by 1,380 opinions
1Opinion of the CourtJustice Breyer
The question before us is whether defendants in a case filed in a state court, with claims “arising under” federal law, can remove that case to federal court — where some claims, made against a State, are subject to an Eleventh Amendment bar. We conclude that the defendants can remove the ease to a federal court and that the court can decide the nonbarred claims.
I
In 1993, the Wisconsin Department of Corrections dismissed Keith Schacht, a prison guard, for stealing items from the Oakhill Correctional Institution, a state prison. In January 1996, Schacht filed a complaint in state court against…
2Cases cited28 opinions
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