Opinion

Braden v. University of Pittsburgh

  • 477 F.2d 1
  • 5 Fair Empl. Prac. Cas. (BNA) 908
  • 5 Empl. Prac. Dec. (CCH) 8557
  • 1973 U.S. App. LEXIS 10571
Court
Court of Appeals for the Third Circuit
Filed
Apr 11, 1973
Status
Published
Author
Gibbons
On the bench
Biggs, Gibbons
Cited by
73 cases

complaint alleging sex discrimination in violation of section 1983 improperly dismissed for lack of state action where record failed to establish extent of symbiotic relationship between university and state

How later courts described this case

  • complaint alleging sex discrimination in violation of section 1983 improperly dismissed for lack of state action where record failed to establish extent of symbiotic relationship between university and state
  • case remanded for further hearing and development of the record by the district court to enable resolution of state action question
  • state university not a person for § 1983 suit purposes

Written by the judges who cited it.

The opinion

GIBBONS, Circuit Judge

(concurring) .

Whether as a grant of a motion under Fed.R.Civ.P. 12(b) or as a grant of summary judgment, the order dismissing the complaint must be reversed insofar as the complaint relies on 42 U.S.C. § 1983 . At the least, whether the University of Pittsburgh is engaged in state action is a substantial factual question. Possibly, in view of Pa.Stat.Ann. tit. 24, §§ 2510-201 to -211 (Supp.1972) there is state action as a matter of law. I would, however, affirm the dismissal of the charge based on 42 U.S.C. § 1981 since I do not believe this statute can be stretched, as the appellant claims, to the point of reaching private sex discrimination.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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