United States Ninth Circuit

In an action alleging constitutional and state law violations by a college student arising from an altercation with plaintiff's former roommate that led to plaintiff's arrest and subjection to university discipline, dismissal of the action is affirmed where: 1) the district court did not err in dismissing plaintiff's claims against defendants in their official capacities based on sovereign immunity; 2) the record did not contain any information that would create a genuine issue of material fact as to whether officers had facts sufficiently detailed to cause a reasonable person to believe a crime had been committed and that plaintiff was the perpetrator; and 3) plaintiff did not allege that defendants suspended or expelled her for her conduct, or that she was otherwise deprived of an entitlement to education conferred by the state or secured by some other independent source or understanding.

Appellate Information

• Decided 08/02/2010
• Published 08/02/2010

Judges

• Sidney R. Thomas

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Jason Bach, Richard C. Linstrom