Lapides v. Board of Regents of University System of Georgia
|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|
|Citations||535 U.S. 613 (more)|
|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.|
|Majority||Breyer, joined by unanimous|
|U.S. Const. amend. XI|
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 form.
Justice Stephen Breyer delivered the Opinion of the Court.
- Stroud v. McIntosh, No. 12-10436 (11th Cir. 2013)
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