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55 Fla. L. Rev. 753 (2003)
Civil Procedure: The Right to Sue under Section 1983

handle is hein.journals/uflr55 and id is 787 raw text is: CIVIL PROCEDURE: THE RIGHT TO SUE UNDER SECTION 1983 Gonzaga University v. Doe, 122 S. Ct. 2268 (2002) Cheryl A. Priest* Pursuant to a request made by Respondent Doe' for an affidavit of good moral character from Petitioner Gonzaga University, Petitioners2 revealed information about Respondent in apparent violation of the Family Education Rights and Privacy Act of 1974 (FERPA).3 FERPA prohibits the federal funding of educational institutions that have a policy or practice of releasing educational records to unauthorized persons.4 Respondent filed suit in state court under various state law claims and included a request for damages5 under 42 U.S.C. § 19836 for the alleged FERPA violation.7 A jury found for Respondent on all counts, awarding him compensatory and * My thanks to my parents John and Rosalie Priest for their unwavering support, and to Aaron Ainsworth for his unconditional belief in me. 1. Respondent is a former undergraduate in the School of Education at Gonzaga University, a private university in... Washington state. Gonzaga Univ. v. Doe, 122 S. Ct. 2268, 2272 (2002). Washington at the time required all.., new teachers to obtain an affidavit of good moral character from a dean of their graduating college or university. Id. 2. Petitioners are Gonzaga University and their 'teacher certification specialist,' Roberta League. Id. Petitioner League overheard a student say that Respondent engaged in acts of sexual misconduct against a female undergraduate student. Id. Petitioner League launched an investigation and contacted the state agency in charge of teacher certification, identifying Respondent by name and discussing the allegations against him. Id. 3. 20 U.S.C. § 1232g (2000). 4. 20 U.S.C. § 1232g(b)(l). FERPA provides in relevant part: No funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice of permitting the release of education records (or personally identifiable information contained therein...) of students without the written consent of their parents to any individual, agency, or organization.... Id. 5. Respondent alleged violations of Washington tort and contract law. Gonzaga Univ., 122 S. Ct. at 2272. 6. 42 U.S.C. § 1983 (2000). Section 1983 provides in relevant part: Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.... Id. 7. Gonzaga Univ., 122 S. Ct. at 2272.

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