Legal Opinion
Office of Hawai'ian Affairs v. Department of Education
District Court, D. Hawaii
Decided October 23, 1996No. Civ. 96-00030 ACKPublishedCited by 18 opinions
1Opinion of the Court
ORDER GRANTING DEFENDANTS’ MOTION FOR PARTIAL JUDGEMENT ON THE PLEADINGS AND REMANDING STATE CLAIMS
KAY, Chief Judge.
OVERVIEW
The Court IN PART GRANTS and IN PART DENIES Defendants’ motion for judgement on the pleadings. First, the Court finds that the claims against the Department of Education (“DOE”) and Board of Education (“BOE”), state agencies, are barred by the Eleventh Amendment. Under Kruse v. State of Hawaii, 68 F.3d 331, 334 (9th Cir.1995), the claims against these defendants which are based on 42 U.S.C. § 1983 are dismissed and all remaining claims against these defendants are…
2Cases cited50 opinions
- Will v. Michigan Department of State PoliceSupreme Court of the United States · 1989
- Papasan v. AllainSupreme Court of the United States · 1986
- Ex Parte YoungSupreme Court of the United States · 1908
- Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
- Edelman v. JordanSupreme Court of the United States · 1974
45 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Sherez v. State of Hawai'i Department of EducationDistrict Court, D. Hawaii · 2005
- McNally v. University of HawaiiDistrict Court, D. Hawaii · 2011
- Pahk v. HawaiiDistrict Court, D. Hawaii · 2000
- Lindsey v. MatayoshiDistrict Court, D. Hawaii · 2013
- Maizner v. Hawaii, Department of EducationDistrict Court, D. Hawaii · 2005
13 more not listed; retrieve them via the Exa API.