Mark D. Treleven v. University of Minnesota David S. Kidwell

BOWMAN, Circuit Judge.

This case requires us to consider whether the University of Minnesota is an instrumentality of the state of Minnesota for purposes of the Eleventh Amendment and 42 U.S.C. § 1983 (1988).

In 1987 Mark D. Treleven, a faculty member, was denied tenure by the University, and his tenure-track appointment was terminated in 1988. In May 1990, after an administrative appeal by Treleven, the University reversed itself and granted Treleven tenure. In the interim, however, Treleven had accepted teaching positions at other universities. The University asked him to return to campus to…