SWARTZ v. SCRUTON

No. 91-2727.

964 F.2d 607 (1992)

Benjamin K. SWARTZ, Jr., Plaintiff-Appellant, v. David L. SCRUTON, Board of Trustees of Ball State University and John E. Worthen, as President of Ball State University, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided May 15, 1992.


Attorney(s) appearing for the Case

Alan K. Wilson (argued), Muncie, Ind., for plaintiff-appellant.

Scott E. Shockley, Asst. U.S. Atty., and Jon H. Moll (argued), Defur, Voran, Hanley, Radcliff & Reed, Muncie, Ind., for defendants-appellees.

Before FLAUM and RIPPLE, Circuit Judges, and ESCHBACH, Senior Circuit Judge.


ESCHBACH, Senior Circuit Judge.

Benjamin K. Swartz, Jr., a professor in the Department of Anthropology at Ball State University (BSU), brought this action against his employer and two of its officials when his department failed to adhere to a previously outlined method of calculating merit pay increases and allegedly awarded him a lesser merit pay increase instead. Swartz sued under 42 U.S.C. § 1983, alleging that his department's failure to apply its method...

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