View source for Lapides v. Board of Regents of University System of Georgia

{{Use mdy dates|date=September 2023}}
{{Infobox SCOTUS case
|Litigants= Paul Lapides v. Board of Regents of University System of Georgia
| ArgueDate=February 25
| ArgueYear=2002
| Docket=01-298
| DecideDate=May 13
| DecideYear=2002
| FullName=Lapides v. Board of Regents of University System of Georgia
| USVol=535
| USPage=613
| ParallelCitations=122 S. Ct. 1640; 152 [[L. Ed. 2d]] 806
| Prior=251 [[F.3d]] [https://law.justia.com/cases/federal/appellate-courts/F3/251/1372/539924/ 1372] ([[11th Cir.]] 2001); [[Certiorari|cert]]. granted, {{ussc|534|991|2001|el=no}}.
| Subsequent=
| 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.
| Majority=Breyer
| JoinMajority=''unanimous''
| NotParticipating=
| LawsApplied=[[Eleventh Amendment to the United States Constitution|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 [[Waiver|waives]] at least part of its [[Eleventh Amendment to the United States Constitution|Eleventh Amendment immunity]] when it invokes a [[United States federal courts|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.<ref>Stroud v. McIntosh, No. 12-10436 (11th Cir. 2013)</ref>
== Background ==
A professor filed suit in state court claiming that adding  when they placed sexual harassment allegations in his personnel files violated state tort laws. The university system voluntarily moved the case to federal court and sought dismissal there.
== Opinion of the court ==
Justice [[Stephen Breyer]] delivered the opinion of the Court.
==See also==
*[[List of United States Supreme Court cases, volume 535]]
*[[List of United States Supreme Court cases]]
== References ==
{{Reflist}}
==External links==
* {{caselaw source
| case = ''Lapides v. Board of Regents of University System of Georgia'', {{ussc|535|613|2002|el=no}}
| justia =https://supreme.justia.com/cases/federal/us/535/613/
| loc =http://cdn.loc.gov/service/ll/usrep/usrep535/usrep535613/usrep535613.pdf
| oyez =https://www.oyez.org/cases/2001/01-298
}}
{{University System of Georgia}}
[[Category:United States Eleventh Amendment case law]]
[[Category:United States federal jurisdiction case law]]
[[Category:United States state sovereign immunity case law]]
[[Category:United States Supreme Court cases]]
[[Category:United States Supreme Court cases of the Rehnquist Court]]
[[Category:United States Supreme Court decisions that overrule a prior Supreme Court decision]]
[[Category:University System of Georgia]]
[[Category:2002 in United States case law]]
[[Category:Sexual harassment in the United States]]
[[Category:Harassment case law]]
[[Category:Kennesaw State University]]
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