Erica Lavina, et al v. Florida Prepaid College Board, et al
Split Score
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Case Summary
Disposition
Vacated
Plan purchasers sued the Florida Prepaid College Board claiming that amendments to their prepaid tuition contracts violated the Contracts and Takings Clauses. The Eleventh Circuit held that the suit is barred by state sovereign immunity because the relief sought would require specific performance of a contract, vacated the district court’s dismissal with prejudice, and remanded for dismissal without prejudice.
Circuit Split Identified
Legal Issue
Whether the Ex parte Young exception to state sovereign immunity permits suits against state officials that in substance seek specific performance of a contract to which the State is a party.
Circuit Positions
Ex parte Young does not allow suits seeking specific performance of a state contract; such suits are barred by sovereign immunity.
Ex parte Young permits injunctive relief requiring state officials to honor contractual obligations (specific performance).
Conflict Summary
The Eleventh Circuit, following Supreme Court precedent, holds that Ex parte Young does not allow plaintiffs to compel state officials to specifically perform contractual obligations because such relief is barred by sovereign immunity. The Fifth Circuit, in Lipscomb v. Columbus Municipal Separate School District, allowed injunctive relief requiring state officials to honor lease terms, effectively permitting specific performance under Ex parte Young.