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:

• U.S. Court of Appeals - 1st Circuit Opinion Filed: October 5, 2007

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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