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Brown v. Virginia Polytechnic Institute and State University

Brief / Memorandum in Opposition re MOTION for Preliminary Injunction .

37 Cited authorities

  1. Winter v. Natural Res. Def. Council, Inc.

    555 U.S. 7 (2008)   Cited 16,755 times   56 Legal Analyses
    Holding that a plaintiff must establish "that he is likely to suffer irreparable harm"

  2. Will v. Michigan Dept. of State Police

    491 U.S. 58 (1989)   Cited 24,100 times
    Holding that official capacity state officer suits for prospective injunctive relief are suits against a "person" under § 1983 even though a "State" is not a "person" under that statute

  3. Pennhurst State School Hosp. v. Halderman

    465 U.S. 89 (1984)   Cited 13,421 times   8 Legal Analyses
    Holding that sovereign immunity prohibits federal courts from "instruct[ing] state officials on how to conform their conduct to state law"

  4. American Mfrs. Mut. Ins. Co. v. Sullivan

    526 U.S. 40 (1999)   Cited 4,824 times
    Holding that the private insurers were not state actors

  5. Mathews v. Eldridge

    424 U.S. 319 (1976)   Cited 15,736 times   42 Legal Analyses
    Holding that a procedure based on written submissions was adequate because it included safeguards against mistake including that the agency informed the recipient of its tentative assessment and the evidence supporting it and an opportunity was then afforded the recipient to submit additional evidence "enabling him to challenge directly the accuracy of information in his file as well as the correctness of the agency's tentative conclusions"

  6. Seminole Tribe of Fla. v. Florida

    517 U.S. 44 (1996)   Cited 5,078 times   23 Legal Analyses
    Holding that Congress cannot abrogate state-sovereign immunity under its Article I commerce power, and rejecting the result in Pennsylvania v. Union Gas Co. , 491 U.S. 1, 109 S.Ct. 2273, 105 L.Ed.2d 1, seven years later; the decision in Union Gas never garnered a majority

  7. Board of Regents v. Roth

    408 U.S. 564 (1972)   Cited 14,668 times   4 Legal Analyses
    Holding that where a public employee's appointment terminated on a particular date and there was no provision for renewal after that date, the employee "did not have a property interest sufficient to require . . . a hearing when [the officials] declined to renew his contract of employment."

  8. Quern v. Jordan

    440 U.S. 332 (1979)   Cited 6,557 times
    Holding that § 1983 does not abrogate state sovereign immunity in federal court

  9. Paul v. Davis

    424 U.S. 693 (1976)   Cited 5,451 times   7 Legal Analyses
    Holding that a privacy-based defamation claim, standing alone, is not actionable in a § 1983 suit

  10. Goss v. Lopez

    419 U.S. 565 (1975)   Cited 2,818 times   5 Legal Analyses
    Holding that Ohio's public school disciplinary procedures were insufficient to protect students' property interest in public education

  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 486,292 times   688 Legal Analyses
    Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation

  12. Section 23.1-2600 - Corporate name; name of the University

    Va. Code § 23.1-2600   Cited 3 times

    A. The board of visitors of Virginia Polytechnic Institute and State University (the board) is a corporation under the name and style of "Virginia Polytechnic Institute and State University" and has, in addition to its other powers, all the corporate powers given to corporations by the provisions of Title 13.1 except those powers that are confined to corporations created pursuant to Title 13.1. The board shall at all times be under the control of the General Assembly. B. The institution shall be