DAVIS v. OREGON STATE UNIVERSITY

No. 77-1095.

591 F.2d 493 (1978)

Diane DAVIS, personal representative of the Estate of Howard Fred Davis, Deceased, Plaintiff-Appellant, v. OREGON STATE UNIVERSITY, Oregon State Board of Higher Education, Jane H. Carpenter, George H. Corey, Elizabeth H. Johnson, Philip A. Joss, George H. Layman, Marc F. Maden, Valerie L. McIntyre, W. Philip McLauren, John D. Mosser, Louis B. Perry and Loran L. Stewart, each of the foregoing Individuals and in his or her capacity as a member of the Oregon State Board of Higher Education, Roy E. Lieuallen, in his Individual capacity and in his official capacity as Chancellor of the Oregon State Board of Higher Education, Robert W. MacVicar, in his Individual capacity and in his official capacity as President of Oregon State University, David B. Nicodemus, in his Individual capacity and his official capacity as Dean of Faculty of the Oregon State University, Robert W. Krauss, in his official capacity as Dean of the College of Science of Oregon State University, James J. Brady, in his Individual capacity and in his official capacity as Acting Chairperson of the Department of Physics of Oregon State University, and Larry Schecter, in his Individual capacity and in his official capacity as Chairperson of the Department of Physics of Oregon State University, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied February 28, 1979.


Attorney(s) appearing for the Case

Don S. Willner (argued), of Willner, Bennett, Riggs & Skarstad, Portland, Or., for plaintiff-appellant.

Al J. Laue, Asst. Atty. Gen. (argued), Salem, Or., for defendants-appellees.

Before VAN DUSEN, WRIGHT and GOODWIN, Circuit Judges.


EUGENE A. WRIGHT, Circuit Judge:

Davis brought suit against Oregon State University (OSU), the Oregon State Board of Higher Education, and individually-named OSU administrators requesting injunctive relief and damages for the nonrenewal of his employment contract and the denial of tenure. Davis claimed that his termination without a hearing infringed upon his liberty and property interests and was a violation of his right to procedural due process.

He appealed...

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