# Braden v. University of Pittsburgh

> Court of Appeals for the Third Circuit · April 11, 1973 · 477 F.2d 1

URL: https://www.frixlaw.com/law-library/cases/8889964

## Case

- **Full name:** Dr. Ina BRADEN, on behalf of herself and all others similarly situated v. The UNIVERSITY OF PITTSBURGH and Wesley W. Posvar
- **Court:** Court of Appeals for the Third Circuit
- **Decided:** April 11, 1973
- **Citations:** 477 F.2d 1; 5 Fair Empl. Prac. Cas. (BNA) 908; 5 Empl. Prac. Dec. (CCH) 8557; 1973 U.S. App. LEXIS 10571
- **Precedential status:** Published
- **Opinion:** Concurrence by Gibbons
- **Judges:** Biggs, Gibbons
- **Cited by:** 73 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8889964

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8889964. Public record. Not legal advice.