US Supreme Court Docket

Supreme Court Docket


[Download January 12, 2008 Argument Calendar PDF]

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Fitzgerald v. Barnstable School Committee
No. 07-1125

Title:

    Lisa Fitzgerald, et vir v. Barnstable School Committee, et al.

Subject:

    Civil Rights, Constitutional Law, Education Law

Question:

    Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681(a), has been
    interpreted to provide an implied private right of action for sex discrimination by
    federally funded educational institutions. Section 1983 of Title 42 of the United
    States Code creates an express remedy for violations of the U.S. Constitution.
    Three courts of appeals have held that Title IX’s implied remedy does not foreclose
    Section 1983 claims to enforce the Constitution’s prohibition against invidious sex
    discrimination. In contrast, four circuits, including the First Circuit in this case, have
    held that Title IX’s implied right of action is the exclusive remedy for sex
    discrimination by federally funded educational institutions. The question presented
    is:

    Whether Title IX’s implied right of action precludes Section 1983 constitutional
    claims to remedy sex discrimination by federally funded educational institutions.

Decisions:

Resources:

  • Docket Sheet From the U.S. Supreme Court.

Briefs:

    Coming Soon
Counsel of Record

For Petitioner:

Charles A. Rothfeld
Mayer Brown LLP
Washington, DC

For Respondent:

John M. Simon
Stoneman, Chandler & Miller, LLP
Boston, MA



 

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