TRELEVEN v. UNIVERSITY OF MINNESOTA

No. 95-2019.

73 F.3d 816 (1996)

Mark D. TRELEVEN, Appellant, v. UNIVERSITY OF MINNESOTA; David S. Kidwell, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided January 12, 1996.


Attorney(s) appearing for the Case

Andrea Rubenstein, argued, Minneapolis, Minnesota, for appellant.

Mark Rotenberg, argued, Minneapolis, Minnesota. (Tracy M. Smith, on the brief), for appellees.

Before BOWMAN, BEAM, and MORRIS SHEPPARD ARNOLD, Circuit Judges.


BOWMAN, Circuit Judge.

This case requires us to consider whether the University of Minnesota is an instrumentality of the state of Minnesota for purposes of the Eleventh Amendment and 42 U.S.C. § 1983 (1988).

In 1987 Mark D. Treleven, a faculty member, was denied tenure by the University, and his tenure-track appointment was terminated in 1988. In May 1990, after an administrative appeal by Treleven, the University reversed itself and granted Treleven...

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