Lapides v. Board of Regents of University System of Georgia
Lapides v. Board of Regents of University System of Georgia, 535 U.S. 613 (2002), is a decision by the Supreme Court of the United States which ruled that a state voluntarily waives at least part of its Eleventh Amendment immunity when it invokes a federal court's removal jurisdiction. There has subsequently been a "circuit split" in federal courts regarding whether a state waives immunity from liability or only a federal forum.[1]
| Paul Lapides v. Board of Regents of University System of Georgia | |
|---|---|
 | |
| Argued February 25, 2002 Decided May 13, 2002 | |
| Full case name | Lapides v. Board of Regents of University System of Georgia |
| Docket no. | 01-298 |
| Citations | 535 U.S. 613 (more) 122 S. Ct. 1640; 152 L. Ed. 2d 806 |
| Case history | |
| Prior | 251 F.3d 1372 (11th Cir. 2001); cert. granted, 534 U.S. 991 (2001). |
| Holding | |
| A State waives its Eleventh Amendment immunity when it removes a case from state court to federal court. The university officials' voluntary removal of the action expressly invoked the jurisdiction of the federal courts and thus constituted a waiver of sovereign immunity with regard to state law claims for which immunity was waived in state court. It is an established general principle that a State's voluntary appearance in federal court amounts to a waiver of its Eleventh Amendment immunity. Although Georgia was brought involuntarily into the case as a defendant in state court, it then voluntarily removed the case to federal court, thus voluntarily invoking that court's jurisdiction. Eleventh Circuit Court of Appeals reversed and remanded. | |
| Court membership | |
| |
| Case opinion | |
| Majority | Breyer, joined unanimously |
| Laws applied | |
| U.S. Const. amend. XI | |
Justice Stephen Breyer delivered the opinion of the Court.
References
- Stroud v. McIntosh, No. 12-10436 (11th Cir. 2013)
See also
- List of United States Supreme Court cases, volume 535
- List of United States Supreme Court cases
External links
- Text of Lapides v. Board of Regents of University System of Georgia, 535 U.S. 613 (2002) is available from: Justia Library of Congress Oyez (oral argument audio)
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