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FIELDS v. KELLY

No. 92-1346.

986 F.2d 225 (1993)

Horace FIELDS, Appellant, v. John D. KELLY, a member of the North Dakota State Bar Board in both his individual and official capacities; Malcolm H. Brown, a member of the North Dakota State Bar Board, in both his individual and official capacities; Gerald D. Galloway, a member of the North Dakota State Bar Board, in both his individual and official capacities; North Dakota State Bar Board, and for the purposes of the injunctive relief sought herein, an administrative agency of the State of North Dakota, established by an Act of the North Dakota Legislative Assembly, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided February 17, 1993.

Attorney(s) appearing for the Case

David C. Thompson, Fargo, ND, for appellant.

James S. Hill, Bismarck, ND, for appellee.

Before JOHN R. GIBSON and MAGILL, Circuit Judges, and BOGUE, District Judge.

JOHN R. GIBSON, Circuit Judge.

Horace Fields, who failed the North Dakota bar examination, sued the North Dakota Bar Board and its members under 42 U.S.C. § 1983 (1988) for deprivation of property without due process. The district court1 dismissed the complaint and Fields appeals. He argues first that he presented a material issue of fact as to whether the Bar Board raised the passing score for an improper reason, and second that...

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