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GONZAGA UNIV. v. DOE

No. 01-679.

536 U.S. 273 (2002)

122 S.Ct. 2268

153 L.Ed.2d 309

GONZAGA UNIVERSITY et al. v. DOE

Supreme Court of United States.

Decided June 20, 2002.

Attorney(s) appearing for the Case

John G. Roberts, Jr., argued the cause for petitioners. With him on the briefs were Martin Michaelson, Charles K. Wiggins, and Kenneth W. Masters.

Patricia A. Millett argued the cause for the United States as amicus curiae urging reversal. With her on the brief were Solicitor General Olson, Assistant Attorney General McCallum, Deputy Solicitor General Kneedler, Mark B. Stern, Alisa B. Klein, and Anne Murphy.

Beth S. Brinkmann argued the cause for respondent. With her on the brief were Drew S. Days III and Lois K. Perrin.*

Rehnquist, C. J., delivered the opinion of the Court, in which O'Connor, Scalia, Kennedy, and Thomas, JJ., joined. Breyer, J., filed an opinion concurring in the judgment, in which Souter, J., joined, p. 291. Stevens, J., filed a dissenting opinion, in which Ginsburg, J., joined, p. 293.

Chief Justice Rehnquist delivered the opinion of the Court.

The question presented is whether a student may sue a private university for damages under Rev. Stat. § 1979, 42 U. S. C. § 1983 (1994 ed., Supp. V), to enforce provisions of the Family Educational Rights and Privacy Act of 1974 (FERPA or Act), 88 Stat. 571, 20 U. S. C. § 1232g, which prohibit the federal funding of educational institutions that have a policy or practice of releasing education...

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