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HINES v. RINKER

No. 81-1107.

667 F.2d 699 (1981)

Stewart L. HINES, Appellant, v. George RINKER and Robert Talley, members of the School of Medicine's faculty; Charles E. Hollerman, Dean of the School of Medicine of the University of South Dakota; Charles D. Lein, President, University of South Dakota; Celia Miner, President, Board of Regents of the State of South Dakota; and Vincent Protsch; Betty Redfield; Robert Bartron; Bonnie Bunch; Fredric Cozad; Scott Heidepriem and Michelle Tapken, all members of the Board of Regents of the State of South Dakota, Individually and in their official capacity, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided December 28, 1981.

Attorney(s) appearing for the Case

Joseph G. Rimlinger (argued), Sioux Falls, S. D., for appellant.

Deming Smith (argued), and Sarah Richardson, Davenport, Evans, Hurwitz & Smith, Sioux Falls, S. D., for appellees.

Before STEPHENSON and McMILLIAN, Circuit Judges, and LARSON, Senior District Judge.

McMILLIAN, Circuit Judge.

Stewart L. Hines appeals from a summary judgment entered in the District Court1 for the District of South Dakota dismissing his complaint seeking money and extraordinary relief because his academic dismissal from the University of South Dakota School of Medicine constituted a violation of substantive due process.

For reversal appellant argues that summary judgment was inappropriate because there were genuine...

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