Kevin Rutledge v. Arizona Board of Regents, Arizona State University, Frank Kush, William Maskill, Fred L. Miller, Kevin Rutledge v. Arizona Board of Regents, Arizona State University, Frank Kush, William Maskill, Fred L. Miller, and Gary Horton

660 F.2d 1345 Kevin RUTLEDGE, Plaintiff-Appellant, v. ARIZONA BOARD OF REGENTS, Arizona State University, Frank Kush, William Maskill, Fred L. Miller, Defendants-Appellees. Kevin RUTLEDGE, Plaintiff-Appellant, v. ARIZONA BOARD OF REGENTS, Arizona State University, Frank Kush, William Maskill, Fred L. Miller, and Gary Horton, Defendants-Appellees. Nos. 80-5005, 80-5130. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 11, 1981. Decided Nov. 12, 1981. Robert Ong Hing, Stockton & Hing, Phoenix, Ariz., for plaintiff-appellant. J. Ruth Sproull, Phoenix, Ariz., argued for defendants-appellees; Michael L. Gallagher, Phoenix, Ariz., on brief. Appeal from the United States District Court for the District of Arizona. Before GOODWIN and SNEED, Circuit Judges, and HALBERT * , District judge. SNEED, Circuit Judge: 1 Appellant's first amended complaint and action were dismissed by the district court on the grounds, first, that the action was barred by the Eleventh Amendment and, second, that the complaint did not allege a violation of appellant's civil rights. Also, costs were taxed against appellant by the district court. Appellant appealed both the dismissal and…