United States Ninth Circuit

In a suit by California high school and college students against the governor and the president of the University of California (UC) alleging that section 31 of article I of the California Constitution violates the Equal Protection Clause of the Fourteenth Amendment and causes the unfair exclusion of African American, Latino, and Native American students from higher education: 1) the district court's decision to not dismiss the UC president from the suit is affirmed, as the complaint against him was not barred by Eleventh Amendment immunity; but 2) the district court's order dismissing the complaint is affirmed, where the equal protection challenges were addressed and precluded by Coalition for Economic Equity v. Wilson (Wilson II), 122 F.3d 692 (9th Cir. 1997).

Appellate Information

• Decided 04/02/2012
• Published 04/02/2012

Judges

• Silverman

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• George B. Washington, Antonette B. Cordero