QUESTION:

Is the University of California Regents immune from suits under 42 U.S.C. Sec. 1983, based on the 11th Amendment? Or does the redress clause of Article 1, Sec. 3 and the “right to sue” clause of Article 3, Sec. 5 of the California State Constitution, coupled with the provisions of Government Code Sec. 800, et seq., which defines “law” as enactments arising from the state or federal governments and the definition of “public entity” as including the University of California Regents constitute a waiver of immunity for claims brought under 42 U.S.C. 1983?

ANSWER:

They are not. For an example, see Kramer v. Regents of University of California, 81 F. Supp. 2d 972 (N.D. Cal. 1999)

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