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Howlett v. Rose

United States Supreme Court

496 U.S. 356 (1990)

Relevant factsFree

Howlett (plaintiff), a Florida student, sued a county school board and officials (defendants) under 42 U.S.C. § 1983 in Florida circuit court, alleging Fourth and Fourteenth Amendment violations. The court dismissed on the ground that Florida had not waived sovereign immunity for § 1983 suits against a school district, even though Florida circuit courts had previously heard § 1983 suits against individual officials, similar state-law claims against state defendants, and tort suits against school boards. Howlett petitioned the Supreme Court for certiorari.

IssueFree

Whether a state court of general jurisdiction may refuse, on sovereign immunity grounds, to hear a § 1983 case against a school board.

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