Constantine v. Rectors and Visitors of George Mason University
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
A district court outside the Fourth Circuit refused to apply its Title II state immunity holding to a university access claim. Other opinions applied Constantine's rules on retaliation and sovereign immunity.
55 later cases cite Constantine v. Rectors and Visitors of George Mason University; 55 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.
Relying on Constantine v. Rectors and Visitors of George Mason University?
This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.
Treatments
Declined to follow
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The court declined to follow Constantine's conclusion that Title II abrogates state immunity for claims involving access to higher education.
Jordan Press v. State University of New York · E.D.N.Y. · filed
The Court notes that the Fourth and Eleventh Circuits have extended Lane to cases involving access to education. See Constantine v. Rectors and Visitors of George Mason Univ., et al., 411 F.3d 474, 490 (4th Cir.2005); ... However, this Court is unwilling to expand the scope of Title II and encroach on the state’s immunity with respect to a non-fundamental right such as access to post-secondary education that is subject only to rational review.
Read the full opinion on CourtListener →
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