Legal Opinion

Fitzgerald v. Barnstable School Committee

Supreme Court of the United States

Decided January 21, 2009No. 07-1125PublishedCited by 484 opinions

1Opinion of the CourtJustice Alito

The issue in this case of peer-on-peer sexual harassment is whether Title IX of the Education Amendments of 1972, 86 Stat. 373, 20 U. S. C. § 1681(a), precludes an action under Rev. Stat. § 1979, 42 U. S. C. § 1983, alleging unconstitutional gender discrimination in schools. The Court of Appeals for the First Circuit held that it does. 504 F. 3d 165 (2007). We reverse.

I

Because this case comes to us on a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), we assume the truth of the facts as alleged in petitioners’ complaint. During the 2000-2001 school year, the daughter of…

2Cases cited23 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. West v. AtkinsSupreme Court of the United States · 1988
  3. Cannon v. University of ChicagoSupreme Court of the United States · 1979
  4. Reed v. ReedSupreme Court of the United States · 1971
  5. Middlesex County Sewerage Authority v. National Sea Clammers Assn.Supreme Court of the United States · 1981

18 more not listed; retrieve them via the Exa API.

3Cited by484 opinions

  1. Fantini v. Salem State CollegeCourt of Appeals for the First Circuit · 2009
  2. DiStiso ex rel. DiStiso v. CookCourt of Appeals for the Second Circuit · 2012
  3. Hui v. CastanedaSupreme Court of the United States · 2010
  4. Boler v. EarleyCourt of Appeals for the Sixth Circuit · 2017
  5. Feminist Majority Foundation v. Richard HurleyCourt of Appeals for the Fourth Circuit · 2018

479 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API