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Cases & Experience

Fitzgerald v. Barnstable School Committee (U.S. Supreme Court)

Section 1983 permits an individual to bring a claim for a constitutional violation, including equal protection claims, against a state government official. Meanwhile, the Supreme Court had previously held that there is an implied cause of action under Title IX to pursue certain claims. After the court of appeals held that the existence of an implied cause of action in Title IX precluded a Section 1983 remedy, we successfully sought certiorari. The Supreme Court unanimously reversed, agreeing with our argument that a litigant may pursue parallel Section 1983 and Title IX claims.


Petition for Certiorari

Brief for Petitioners

Reply Brief