Lapides v. Board of Regents of Univ. System of Ga.

Background

A university professor employed by the State of Georgia sued the State’s university system and several university officials in Georgia state court. He alleged that officials placed sexual-harassment accusations in his personnel file and brought claims under Georgia law and federal civil-rights law. All defendants, including the State, consented to remove the case to federal court, where the State later argued it still had Eleventh Amendment immunity from suit in federal court.

Reasoning

The core question was whether a State waives its Eleventh Amendment immunity when it voluntarily removes a case from state court to federal court after consenting to removal. The Court explained that a State’s voluntary invocation of federal judicial power is inconsistent with later claiming that federal courts lack authority to decide the case. The Court relied on earlier decisions finding waiver when a State voluntarily submitted to federal adjudication, concluded removal is such a voluntary act, and overruled a prior case (Ford) to the extent it suggested otherwise. The Court limited its ruling to state-law claims where the State had already waived immunity in state court and noted that the plaintiff’s federal claim for money damages against the State was not viable.

Real world impact

The ruling means that when a State that permitted suit in its own courts joins removal to federal court, it cannot later assert Eleventh Amendment immunity to avoid federal adjudication of those state-law claims. Federal courts still may remand state-law claims as appropriate, and this decision does not decide the underlying state-law merits.