Legal Opinion · Dissent
Richard G. Harris v. Tooele County School District, by and Through the Tooele County School District Board of Education
Court of Appeals for the Tenth Circuit
Decided January 3, 1973No. 72-1453Published
1DissentHolloway, Circuit Judge
(dissenting) :
I respectfully dissent.
To me the Utah statutes make clear that the local school district and board are not agencies of the state for our purposes. This being so, the Eleventh Amendment does not apply and the state may not deny jurisdiction to a federal court of this suit to which it has consented in the state court.
The majority opinion accepts the principles of Markham v. City of Newport News, 292 F.2d 711 (4th Cir.). Under these principles it is clear that where a general right is conferred, it can be enforced in any federal court in a state having jurisdiction of the parties,…
2Cases cited11 opinions
- Ford Motor Co. v. Department of TreasurySupreme Court of the United States · 1945
- Lincoln County v. LuningSupreme Court of the United States · 1890
- Railway Co. v. Whitton's AdministratorSupreme Court of the United States · 1872
- Highway Comm. of Wyoming v. Utah Construction Co.Supreme Court of the United States · 1929
- Marvine Markham v. City of Newport News, a Municipal CorporationCourt of Appeals for the Fourth Circuit · 1961
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