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.