Supreme Court rules against Georgia in lawsuit strategy case
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Posted 3:18PM on Monday 13th May 2002 ( 23 years ago )
WASHINGTON - The Supreme Court ruled Monday that states cannot dodge state court lawsuits by getting them moved to federal court where they are then dismissed. <br>
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The unanimous ruling slapped down Georgia for its handling of a college professor's slander lawsuit. The decision should make it easier for people to sue states. <br>
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Paul Lapides, a management professor at Kennesaw State University, filed his suit in state court. Georgia had part of the case transferred to federal court, then asked for the case's dismissal because the Constitution limits federal lawsuits against state governments. <br>
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Justice Stephen Breyer said from the bench that ``all kinds of unfair results could take place if that were permitted.'' The court overturned a decision in Georgia's favor by the Eleventh U.S. Circuit Court of Appeals in Atlanta. <br>
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Lapides claims college leaders used groundless sexual harassment allegations to hurt his reputation. He said leaders at the college near Atlanta discriminate against Jewish and black professors. <br>
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Georgia attorneys had said they were trying to resolve the matter as quickly as possible. <br>
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The Supreme Court found that Georgia, by requesting the federal court venue, waived its Eleventh Amendment protection from federal lawsuits by citizens.
http://accesswdun.com/article/2002/5/202241
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