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BEASLEY v. ALABAMA STATE UNIVERSITY

No. CIV. A. 96-T-473-N.

3 F.Supp.2d 1304 (1998)

Audra BEASLEY, individually and on behalf of all other similarly situated, Plaintiff, v. ALABAMA STATE UNIVERSITY, et al., Defendants.

United States District Court, M.D. Alabama, Northern Division.

Opinion Supplementing Decision April 27, 1998.

Attorney(s) appearing for the Case

Joseph (Jay) Brady Lewis, Terry R. Smyly, Law Offices of Jay Lewis, Montgomery, AL, J. Bernard Brannan, Jr., Brannan & Guy, Montgomery, AL, John R. Moore, Isabelle Katz Pinzler, United States Department of Justice, Civil Rights Division Educational Opportunities Section, Kathryn Woodruff, United States Department of Justice, Civil Rights Division, Washington, DC, for Audra Beasley, individually, and on behalf of all other similarly situated, United States of America, plaintiffs.

Solomon S. Seay, Jr., Montgomery, AL, Cynthia Williams Clinton, Mark Englehart, Kenneth Lamar Thomas, Thomas, Means & Gillis, P.C., Montgomery, AL, for Defendants.

ORDER

MYRON H. THOMPSON, Chief Judge.

The issue presented to the court is whether a claim brought against a state university based on Title IX of the Education Amendments of 1972, 20 U.S.C.A. §§ 1681 through 1688 (West 1990), and its implementing regulations, 34 C.F.R. §§ 106.38, 106.41 (1997), is barred by the eleventh amendment to the United States Constitution.

I. BACKGROUND

Plaintiff Audra Beasley, a female...

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