Gruver v. Louisiana Board of Supervisors, No. 19-30670 (5th Cir. 2020)Annotate this Case
This case arose from the tragic death of Maxwell Gruver after a fraternity hazing event at Louisiana State University (LSU). Maxwell's parents filed suit against LSU for violations of Title IX and state law, alleging that the university discriminated against male students by policing hazing in fraternities more leniently than hazing in sororities.
In Pederson v. La. State Univ., 213 F.3d 858, 876 (5th Cir. 2000), the Fifth Circuit held that state recipients of Title IX funding waive their Eleventh Amendment immunity against suits alleging sex discrimination. The court held that the Supreme Court's opinion in National Federation of Independent Business v. Sebelius, 567 U.S. 519 (2012), does not constitute a change in law when it comes to the analysis that Pederson and other cases used in finding waivers of sovereign immunity from states' acceptance of federal funds. Therefore, the court held that LSU has waived Eleventh Amendment immunity by accepting federal funds and affirmed the district court's denial of the university's motion to dismiss.