Benjamin K. Swartz, Jr. v. David L. Scruton, Board of Trustees of Ball State University and John E. Worthen, as President of Ball State University
Court of Appeals for the Seventh Circuit
1Opinion of the Court
ESCHBACH, Senior Circuit Judge.
Benjamin K. Swartz, Jr., a professor in the Department of Anthropology at Ball State University (BSU), brought this action against his employer and two of its officials when his department failed to adhere to a previously outlined method of calculating merit pay increases and allegedly awarded him a lesser merit pay increase instead. Swartz sued under 42 U.S.C. § 1983, alleging that his department’s failure to apply its method for determining merit pay was irrational and arbitrary in violation of his Fourteenth Amendment substantive due process rights.
Swartz…
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