No. 23-128

Curtis Jason Wendt-West v. Hawaii Department of Education, et al.

Lower Court: Ninth Circuit
Docketed: 2023-08-10
Status: Denied
Type: Paid
Response Waived
Tags: abrogation civil-rights civil-rights-act eleventh-amendment fourteenth-amendment pro-se-litigation sovereign-immunity title-vii
Latest Conference: 2023-09-26
Question Presented (from Petition)

1. Whether the States, in private suits involving
Title VII of the Civil Rights Act of 1964, as
amended, 42 U.S.C. § 2000e et seq., retain their
Eleventh Amendment sovereign immunity in a
federal court of another State or whether that
immunity, in such cases, is congressionally
abrogated "by appropriate legislation " through the
enforcement powers of the Fourteenth
Amendment.

2. Whether the lower courts, before dismissing Mr.
Wendt-West, properly considered this Court's
1976 holding in Fitzpatrick v. Bitzer which
affirmed the congressional abrogation of State
sovereign immunity in private suits involving
Title VII of the Civil Rights Act of 1964, as
amended, 42 U.S.C. § 2000e et seq.

3. Whether Mr. Wendt-West, a pro se litigant, should
have been dismissed without prejudice, instead of
with prejudice, and whether he should have been
allowed an opportunity to amend his complaint
to correct defective allegations of personal
jurisdiction in the district court or on appeal after
filing his motion seeking leave of court to amend
pursuant to 28 U.S.C. § 1653.

Question Presented (AI Summary)

Whether the States retain their Eleventh Amendment sovereign immunity in private Title VII suits

Docket Entries

2023-10-02
Petition DENIED.
2023-08-30
DISTRIBUTED for Conference of 9/26/2023.
2023-08-17
Waiver of right of respondent Hawaii Department of Education, et al. to respond filed.
2023-08-08
Petition for a writ of certiorari filed. (Response due September 11, 2023)

Attorneys

Curtis Jason Wendt-West
Curtis Jason Wendt-West — Petitioner
Hawaii Department of Education, et al.
James E. HalvorsonDepartment of the Attorney General, , Respondent