Legal Opinion

Hoferek v. University of Missouri

District Court, W.D. Missouri

Decided February 15, 1985No. 84-4119-CV-C-5PublishedCited by 7 opinions

1Opinion of the Court

ORDER

SCOTT O. WRIGHT, Chief Judge.

Background

Plaintiff has filed a 3-count complaint against the ” above-named defendants. Count 1 alleges violations of Title VII of the Civil Rights Act of 1964 as amended, 42 U.S.C. § 2000e et seq.; Count 2 raises a tort claim against Uehling and Zanders; and Count 3 alleges a breach of contract claim against the same two defendants.

Defendants have moved to dismiss Counts 2 and 3 for failure to state a claim upon which relief may be granted, on the grounds that they are barred by the Eleventh Amendment. Plaintiff maintains that the Eleventh Amendment to the…

2Cases cited18 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
  3. Scheuer v. RhodesSupreme Court of the United States · 1974
  4. Ex Parte YoungSupreme Court of the United States · 1908
  5. Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984

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3Cited by7 opinions

  1. Charles Sherman v. Curators of the University of MissouriCourt of Appeals for the Eighth Circuit · 1994
  2. Kizer v. Curators of University of MissouriDistrict Court, E.D. Missouri · 1993
  3. Cuello-Suarez v. Autoridad De Energia Electrica De Puerto RicoDistrict Court, D. Puerto Rico · 1990
  4. Flowers v. ReboDistrict Court, E.D. Arkansas · 1987
  5. Bakken v. North American Coal Corp.District Court, D. North Dakota · 1986

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