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Conflicts Keyed to Currie
Howlett v. Rose
Facts
A high school student brought suit against the school board after his car was searched on school grounds and he was suspended from school. He sued under 42 U.S.C. § 1983, which creates a remedy for violations of federal rights committed by persons acting under color of state law. The student claimed he was suspended without due process because his car was searched in violation of the Fourth and Fourteenth Amendments. He sought damages and injunctive relief. The court dismissed the complaint against the school board for lack of jurisdiction. The state would not have immunity if the case were brought in a federal forum. But the Florida state courts interpreted that state’s waiver of sovereign immunity as not applying to § 1983 claims.
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