[Download] "Franklin v. United States" by United States Court of Appeals for the Tenth Circuit " eBook PDF Kindle ePub Free
eBook details
- Title: Franklin v. United States
- Author : United States Court of Appeals for the Tenth Circuit
- Release Date : January 05, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
In Ambus v. Granite Board of Education, 975 F.2d 1555 (10th Cir. 1992), this court reviewed a judgment in a 42 U.S.C. 1983 suit by plaintiff Gregory T. Ambus, who was terminated from his position as a teacher in a Utah public school. Among other issues disposed of in the opinion, with the unanimous agreement of the active circuit Judges this court overruled our earlier decision in Harris v. Tooele County School District, 471 F.2d 218 (10th Cir. 1973), which held that Utah school districts were entitled to the states Eleventh Amendment immunity. Because in analyzing the immunity issue the opinion relied in part upon a Utah statute that the panel erroneously thought was enacted after the Harris decision, and because of the importance of the issue, we granted en banc rehearing limited to the issue of the Eleventh Amendment immunity of Utah school districts. After considering the additional briefing and oral argument, we reaffirm our overruling of Harris.