OKRUHLIK v. UNIVERSITY OF ARKANSAS EX REL. MAY

Nos. 00-3159, 00-3460, 00-3896.

255 F.3d 615 (2001)

Gwenn OKRUHLIK, Plaintiff-Appellee, United States, Intervenor on Appeal, v. The UNIVERSITY OF ARKANSAS, by and through the Chairman of the Board of Trustees, J. Thomas May, and its President, B. Allen Sugg; Donald O. Pederson, In his Official and Individual Capacity; Bernard L. Madison, In his Official and Individual Capacity; Mark Cory, In his Official and Individual Capacity; Adnan Haydar, In his Official and Individual Capacity; Mounir Farah, In his Official and Individual Capacity; Steven Neuse, In his Official and Individual Capacity; Donald Kelley, In his Official and Individual Capacity; Jeff Ryan, In his Official and Individual Capacity; Todd Shields, In his Official and Individual Capacity; Conrad Waligorski, In his Official and Individual Capacity, Defendants-Appellants. Ester Lunnie; Dorothy Robinson; Jean Crockett; Gayle D. Portis, Plaintiffs-Appellees, United States of America, Intervenor on Appeal, v. University of Arkansas Board of Trustees, a Body Politic and Corporate, Defendant-Appellant, William E. Clark, in his individual and official capacity as a member of the Board of Trustees; Frances A. Cranford, in her individual and official capacity as a member of the Board of Trustees; Gary C. George, in his individual and official capacity as a member of the Board of Trustees; Joe L. Hargrove, M.D., in his individual and official capacity as a member of the Board of Trustees; James E. Lindsey, in his individual and official capacity as a member of the Board of Trustees; J. Thomas May, in his individual and official capacity as a member of the Board of Trustees; Frank W. Oldham, Jr., Jr., in his individual and official capacity as a member of the Board of Trustees; Ned Ray Purtle, in his individual and official capacity as a member of the Board of Trustees; Stanley Reed, in his individual and official capacity as a member of the Board of Trustees; Charles E. Scharlau, III, in his individual and official capacity as a member of the Board of Trustees; Bobby Justus, in his individual and official capacity as Business Manager for Patient Care Services for the University of Arkansas for Medical Sciences, Defendants. Linda Schilcher, Plaintiff-Appellee, v. Board of Trustees of the University of Arkansas; Donald O. Pederson, Vice Chancellor of Academic Affairs; Bernard L. Madison, Dean of the College of Arts and Sciences; Mark Cory, Associate Dean for International Programs; Hoyt Purvis, Director of the Fulbright Institute for International Relations; Adnan Haydar, Director of the King Fahd Program for Middle East Studies; Mounir Farah, Associate Director of the King Fahd Program for Middle East Studies, each in their official and personal capacities, Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: June 20, 2001.


Attorney(s) appearing for the Case

T. Scott Varady, argued, Fayetteville, AK (Jeffrey A. Bell, Rhonda M. Thornton, on the brief), for appellant in 00-3159 and 00-3896.

Robert W. Bishop, argued, Little Rock, AR (Lori Freno, on the brief), for appellant in 00-3460.

Shannon Breaux Sauceda, argued, Houston, TX (Beatrice Miladenka-Fowler, on the brief), for appellee in 00-3159.

Charles Kester, argued, Fayetteville, AK, for appellee in 00-3896.

Sarah E. Harrington, argued, Washington, DC (Bill Lann Lee, Jessica Dunsay Silver, and Seth M. Galanter, on the brief), for appellee in 00-34760 and intervenor U.S.

Before: WOLLMAN, Chief Judge, MAGILL, and MURPHY, Circuit Judges.


MURPHY, Circuit Judge.

These three interlocutory appeals present the issue of whether Eleventh Amendment immunity bars Title VII claims against a state. The cases were brought by two professors and several administrative staff against the University of Arkansas, through its board of trustees and individual state officials, for sex and race discrimination and harassment under Title VII and state law. In each case the district court1 ruled...

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