US Supreme Court Docket
Lisa Fitzgerald, et vir v. Barnstable School Committee, et al.
Civil Rights, Constitutional Law, Education Law
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
Whether Title IX’s implied right of action precludes Section 1983 constitutional
claims to remedy sex discrimination by federally funded educational institutions.
- U.S. Court of Appeals - 1st Circuit Opinion Filed: October 5, 2007
- Docket Sheet From the U.S. Supreme Court.
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