United States Sixth Circuit

Appearing without objection and defending on the merits is a form of voluntary invocation of federal court jurisdiction sufficient to waive a state's defense of Eleventh Amendment immunity, but a college afforded a student with more than adequate process in rendering a decision regarding his academic status.

Appellate Information

• Argued 01/31/2003
• Decided 03/12/2003
• Published 03/12/2003

Judges

• Before:  MARTIN, Chief Circuit Judge;  MERRITT and LAY, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• Arthur F. Knight, III (briefed), Samuel W. Brown (argued), Becker, Brown & Knight, Knoxville, TN, for Plaintiff-Appellee., Brandy M. Gagliano (argued), Office of the Attorney General, Nashville, TN, Donald R. Ungurait (briefed), Tennessee Attorney General & Reporter, Nashville, TN, for Defendant-Appellant.