Legal Opinion
Kirchmann v. Lake Elsinore Unified School District
California Court of Appeal
Decided October 11, 2000No. E026060PublishedCited by 26 opinions
1Opinion of the Court
Opinion
RICHLI, Acting P. J.
The issue in this case is whether the Lake Elsinore Unified School District (the District) is immune from suit under title 42 United States Code section 1983 (hereafter section 1983) as an instrumentality of the State of California. As we will discuss, public education in California is “uniquely a fundamental concern of the State” (Butt v. State of California (1992) 4 Cal.4th 668, 685 [15 Cal.Rptr.2d 480, 842 P.2d 1240]), and “[t]he Constitution has always vested ‘plenary’ power over education not in the districts, but in the State . . . .” (Id., at p. 688.)…
2Cases cited49 opinions
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- Will v. Michigan Department of State PoliceSupreme Court of the United States · 1989
- Mt. Healthy City School District Board of Education v. DoyleSupreme Court of the United States · 1977
- Howlett Ex Rel. Howlett v. RoseSupreme Court of the United States · 1990
- Regents of University of California v. DoeSupreme Court of the United States · 1997
44 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Wells v. One2One Learning FoundationCalifornia Supreme Court · 2006
- Julian v. Mission Community HospitalCalifornia Court of Appeal · 2017
- Okorie v. L. A. Unified Sch. Dist., California Court of Appeal, 5th District2017
- Catsouras v. Department of California Highway PatrolCalifornia Court of Appeal · 2010
- McAllister v. Los Angeles Unified School DistrictCalifornia Court of Appeal · 2013
21 more not listed; retrieve them via the Exa API.