William A. Kaplin - The Law of Higher Education

2 2“10 Leading Causes of Death by Age Group—United States 2010,” Office of Statistics and Programming, National Center for Injury Prevention and Control, CDC, available at https://www.cdc.gov/injury/wisqars/pdf/10lcid_all_deaths_by_age_group_2010-a.pdf.

3 3See http://www.suicide.org/college-student-suicide.html.

4 4Center for Collegiate Mental Health. (2017, January). 2016 Annual Report (Publication No. STA 17-74). See also Katie Reilly, “Record Numbers of Students Are Seeking Treatment for Depression and Anxiety—But Schools Can't Keep Up.” Time, March 18, 2018, available at http://time.com/5190291/anxiety-depression-college-university-students/.

5 5This decision reverses and remands a summary judgment in favor of the university by the trial court. In a second opinion in this case, 547 P.2d 1015 (1976), the court reaffirmed (without discussion) the portion of its first opinion dealing with authorization.

6 6Not all courts will be so willing to find institutional authority in cases concerning public institutions. Other courts in other circumstances may assert that a person who deals with a public institution “does so at his peril,” as in First Equity Corp. of Florida v. Utah State University, 544 P.2d 887 (Utah 1975), where the court upheld the university's refusal to pay for stocks ordered by one of its employees.

7 7In addition to federal constitutional rights, there are numerous federal statutes that create statutory civil rights, violation of which will also subject institutions to liability. These statutory rights are enforced under the statutes that create them, rather than under Section 1983. Institutions may also be liable for violations of state constitutional rights, which are enforced under state law rather than Section 1983.

8 8State employees and officials may be sued in either their “official” capacities or their “personal” (or “individual”) capacities under Section 1983. For the distinction between the two capacities, see Hafer v. Melo, 502 U.S. 21, 25–31 (1991). Since lawsuits seeking money damages against employees or officers in their “official” capacities are generally considered to be covered by a state's Eleventh Amendment immunity, such suits are discussed in this section of the book.

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