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LAPIDES v. BOARD OF REGENTS OF UNIVERSITY SYSTEM

No. 00-14984.

251 F.3d 1372 (2001)

Paul D. LAPIDES, Plaintiff-Appellee, v. BOARD OF REGENTS OF THE UNIVERSITY SYSTEM OF GEORGIA, Edwin A. Rugg, Personally and in his capacity as Vice-President of Academic Affairs at Kennesaw State University, et al., Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

Decided May 24, 2001.

Attorney(s) appearing for the Case

Devon Orland, Vincent Toreno, Atlanta, GA, Adam Lowell Appel, Webb, Carlock, Copeland, Semler & Stair, Atlanta, GA, for Defendants-Appellants.

Patrick W. McKee, Atlanta, GA, for Plaintiff-Appellee.

Before WILSON and COX, Circuit Judges, and RYSKAMP, District Judge.

WILSON, Circuit Judge:

The issue is whether a state's removal of a case to federal court constitutes a waiver of Eleventh Amendment immunity. We decide that it does not.

BACKGROUND

In August 1997, Kennesaw State University began an investigation of one of its professors, Paul Lapides, after a student accused him of sexual harassment. The university investigation produced no corroborating evidence to support the allegation and no action was taken...

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