Legal Opinion

Lapides v. Board of Regents of the University System of Georgia

Court of Appeals for the Eleventh Circuit

Decided May 24, 2001No. 00-14984PublishedCited by 16 opinions

1Opinion of the Court

WILSON, Circuit Judge:

The issue is whether a state’s removal of a case to federal court constitutes a waiver of Eleventh Amendment immunity. We decide that it does not.

BACKGROUND

In August 1997, Kennesaw State University began an investigation of one of its professors, Paul Lapides, after a student accused him of sexual harassment. The university investigation produced no corroborating evidence to support the allegation and no action was taken against La-pides. Lapides alleges that as a result of the incident he became aware of letters fabricated by fellow faculty members containing defamatory…

2Cases cited25 opinions

  1. Edelman v. JordanSupreme Court of the United States · 1974
  2. Hans v. LouisianaSupreme Court of the United States · 1890
  3. Atascadero State Hospital v. ScanlonSupreme Court of the United States · 1985
  4. Patsy v. Board of Regents of Fla.Supreme Court of the United States · 1982
  5. Davis Ex Rel. LaShonda D. v. Monroe County Board of EducationSupreme Court of the United States · 1999

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3Cited by16 opinions

  1. Lapides v. Board of Regents of Univ. System of Ga.Supreme Court of the United States · 2002
  2. Meyers ex rel. Benzing v. TexasCourt of Appeals for the Fifth Circuit · 2005
  3. McClendon v. Georgia Department of Community HealthCourt of Appeals for the Eleventh Circuit · 2001
  4. Rhode Island Department of Environmental Management v. United StatesCourt of Appeals for the First Circuit · 2002
  5. John Doe No. 1 v. Georgia Dept. of Public SafetyDistrict Court, N.D. Georgia · 2001

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