BERRY v. BATTEY

No. 81-1455.

666 F.2d 1183 (1981)

Russell L. BERRY, Appellant, v. Richard H. BATTEY; James I. Deam; John W. Larson; H. Lauren Lewis; John E. Sutton, Jr.; Leslie W. Jensen; Russell Peterson; James J. Dee; Celia Miner; Vincent Protsch; David Morrill; Hilton M. Briggs; Sherwood O. Berg; Duane C. Acker; Alfred L. Musson; Raymond A. Moore; Burton L. Brage; John T. Stone and John E. Thompson, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided December 15, 1981.


Attorney(s) appearing for the Case

Lee R. Burd, Sioux Falls, S. D., for appellant.

Deming Smith (argued), Edwin E. Evans, Davenport, Evans, Hurwitz & Smith, Sioux Falls, S. D., for appellees.

Before HEANEY and STEPHENSON, Circuit Judges, and DAVIES, Senior District Judge.


STEPHENSON, Circuit Judge.

Appellant Dr. Russell L. Berry appeals from a jury verdict denying him relief on his claim filed under 42 U.S.C. § 1983. Dr. Berry, a retired professor from South Dakota State University, claimed that he had been denied tenure in violation of the Fourteenth Amendment through the exercise of his First Amendment right of free speech. He sought an award of back pay, punitive damages, placement of his salary and rank at the level of his...

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