Scheuer v. Rhodes
- Decided
- April 17, 1974
- Docket
- 72-914
- Status
- Published
- Jurisdiction
- Federal
Cited 13,385 timesOverruled on other grounds (not yet verified)Possible negative treatment: overruled on other grounds, abrogated on other grounds, abrogated, overruled, abrogated in part, overruled in part on other grounds, abrogated in part on other grounds (not yet verified) · Taylor v. IC System Incorporated
What later courts said
- holding that a plaintiff in an employment-discrimination case need not establish her prima-facie case in the complaint — Chandler v. Roche (2002)
- holding that state governor and state university president were sueable under Sec. 1983 for due process violations — Price v. Akaka (1991)
- holding that state governor and state university president were sueable under § 1983 for due process violations — Price v. Akaka (1990)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
Me. Chief Justice Buegee delivered the opinion of the Court.
We granted certiorari [1] in these cases to resolve whether the. District Court correctly dismissed civil damage actions, brought under 42 U. S. C. § 1983, on the ground that these actions were, as a matter of law, against the State of Ohio, and, hence barred by the [*234] Eleventh Amendment to -the Constitution and, alternatively, that the actions were against state officials who were immune from liability for the acts alleged in the complaints. These cases arise out of the same period of alleged civil disorder on the campus of Kent State University in Ohio during May 1970 which was before us, in another context, in Gilligan v. Morgan, 413 U. S. 1 (1973).
In these cases the personal representatives of the estates of three students who died in that episode seek damages against the Governor, the Adjutant General, and his assistant, various named and unnamed officers and enlisted members of the Ohio National Guard, and the president of Kent State University. The complaints in both cases allege a cause of action under the Civil Rights Act of 1871, 17 Stat. 13, now 42 U. S. C. § 1983. Petitioner Scheuer also, alleges a cause of action under. Ohio law on the theory of pendent jurisdiction. Petitioners Krause and Miller make a similar claim, asserting jurisdiction on the basis of diversity- of citizenship. [2]
Statutes cited
Cite this
Scheuer v. Rhodes, 416 U.S. 232 (1974)Read the full opinion
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