22
Per Curiam
looking claim for injunctive relief based on continuing discrimination. Further, in their petition for certiorari, petitioners assert that "[t]he case at bar differs from Ada-rand because there is no allegation that the department of counseling psychology continues to use race-based admissions subsequent to the Fifth Circuit's Hopwood v. State of Texas[, 78 F. 3d 932, cert. denied, 518 U. S. 1033 (1996),] decision." Pet. for Cert. 13. The brief in opposition does not contest this statement. It therefore appears, although we do not decide, that Lesage has abandoned any claim that the school is presently administering a discriminatory admissions process.
Insofar as the Court of Appeals held that petitioners were not entitled to summary judgment on Lesage's § 1983 claim for damages relating to the rejection of his application for the 1996-1997 academic year even if he would have been denied admission under a race-neutral policy, its decision contradicts our holding in Mt. Healthy. We therefore grant the petition for writ of certiorari and reverse the judgment of the Court of Appeals in this respect.
Lesage also asserted claims under 42 U. S. C. §§ 1981 and 2000d. Whether these claims remain, and whether Lesage has abandoned his claim for injunctive relief on the ground that petitioners are continuing to operate a discriminatory admissions process, are matters open on remand. The case is remanded for further proceedings consistent with this opinion.
It is so ordered.
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