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Lapides v. Board of Regents of the University System of Georgia, et al.

535 U.S. 613 (2002)

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Lapides v. Board of Regents of the University System of Georgia, et al.

United States Supreme Court
535 U.S. 613 (2002)

  • Written by Jack Newell, JD

Facts

Paul Lapides (plaintiff) sued the Board of Regents of the University System of Georgia (Georgia) (defendant) along with university officials acting both personally and as agents of the state in state court (defendants), claiming Georgia had added false sexual-harassment allegations to his personnel file. Georgia and its codefendants removed the case from state to federal court. Georgia claimed that this was meant to aid its codefendants who could take advantage of certain federal court rules. Georgia then claimed immunity from the suit under the Eleventh Amendment to the United States Constitution. The district court ruled in favor of Lapides, finding that Georgia had waived immunity when it removed the case. Georgia appealed to the circuit court, which reversed. Lapides appealed to the Supreme Co0urt.

Rule of Law

Issue

Holding and Reasoning (Breyer, J.)

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