KOVATS v. RUTGERS, THE STATE UNIVERSITY

Nos. 86-5413, 86-5506, 86-5472 and 86-5673.

822 F.2d 1303 (1987)

Gabor G. KOVATS, Steven C. Procuniar, Joy L. Davis, Roberta M. Delson, Hace Tishler, and Anna Beck v. RUTGERS, THE STATE UNIVERSITY, Board of Governors of Rutgers, The State University, Edward Bloustein, as President of Rutgers, The State University and individually and John R. Martin, as Vice-President for Personnel of Rutgers, The State University and individually; and Susan A. Cole, as Vice-President for Personnel of Rutgers, The State University. Appeal of RUTGERS, THE STATE UNIVERSITY; Board of Governors of Rutgers, The State University; Edward Bloustein; as President of Rutgers, The State University and Individually, and John R. Martin, as Vice-President for Personnel of Rutgers, The State University and Individually. Margaret VARMA, on behalf of herself and all others similarly situated; and Rutgers Council of AAUP Chapters v. Edward J. BLOUSTEIN; President of Rutgers, The State University, T. Alexander Pond; Executive Vice-President and Chief Academic Officer of Rutgers, The State University; Norman Samuels; Provost of the Newark Campus of Rutgers, The State University; James Young; Former Provost of the Newark Campus of Rutgers, The State University; Walter Gordon; Provost of the Camden Campus of Rutgers, The State University; Kenneth Wheeler; Provost of the New Brunswick Campus of Rutgers, The State University; Jean Parrish; Acting Provost of the New Brunswick Campus of Rutgers, The State University; Professors Hans Fisher, Noemie Killer, Richard Poirier, Paul Fussell, Lawrence Fisher, Jane Scanlon, Harvey Feder and Amelie Rorty of Rutgers, The State University; Susan A. Cole; Vice-President for Personnel at Rutgers, The State University, Elizabeth Mitchell; Assistant Vice-President for Faculty Affairs of Rutgers, The State University; Robert Pack; Associate Provost for Personnel, New Brunswick; Members of the Board of Governors of Rutgers, The State University; Linda Stamato; Chair; Donald Dickerson; Vice-Chair; Floyd Bragg; Sanford Jaffe; Robert Kaplan; Harold Perl; Norman Reitman; Lawrence S. Schwartz; and David Werblin, all individually and in their corporate capacities and Rutgers, The State University the Promotion Review Committee, of Rutgers, The State University. Appeal of Edward J. BLOUSTEIN; T. Alexander Pond; Norman Samuels; James Young; Walter Gordon; Kenneth Wheeler; Jean Parrish; The Promotion Review Committee; Susan A. Cole; Elizabeth Mitchell; Robert Pack; Linda Stamato; Donald Dickerson; Floyd Bragg; Sanford Jaffee; Robert Kaplan; Harold Perl; Norman Reitman; Lawrence S. Schwartz; and David Werblin; and Rutgers, The State University.

United States Court of Appeals, Third Circuit.

Decided June 30, 1987.


Attorney(s) appearing for the Case

John J. Peirano (argued), Linda B. Celauro, Carpenter, Bennett & Morrissey, Newark, N.J., for appellants.

Denise Reinhardt (argued), Paul Schachter, Reinhardt & Schachter, Newark, N.J., for appellees.

Before SLOVITER and MANSMANN, Circuit Judges, and SCIRICA, District Judge.


OPINION OF THE COURT

SLOVITER, Circuit Judge.

I.

Issues Raised

This appeal arises from suits under 42 U.S.C. § 1983 filed by two groups of present and former faculty members against Rutgers, whose official name is Rutgers, The State University, its Board of Governors, and certain Rutgers officials in their individual and official capacities.

In the suit hereafter referred to as Varma, Margaret Varma alleges...

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