State of Montana v. Peretti

661 F.2d 756 1 Ed. Law Rep. 37 The STATE OF MONTANA; The Board of Public Education and its members, Petitioners-Appellants, v. Michael PERETTI; Henry Hodnik; Rod Utigard; Carter Jensen; Michael Devoe; Steven Rezin; Robert Rasmussen; Fred Wittlake; James Bowman; Ernest Nevin; Paul Ward; Doug Kobs; Rick Berg; Tim Clark; and Ron Winterroud, Respondents-Appellees. No. 79-7171. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 8, 1980. Decided Nov. 16, 1981. John P. Atkins, Bozeman, Mont., for petitioners-appellants. Richard Ranney, Missoula, Mont., for respondents-appellees. Appeal from the United States District Court for the District of Montana. Before CHOY, KENNEDY and REINHARDT, Circuit Judges. PER CURIAM: 1 The State of Montana appeals from a judgment that it violated the due process rights of students at a state institution when it terminated the program in which they were enrolled without giving them a chance to finish their course of study. Because we find that the eleventh amendment precluded district court jurisdiction over this suit against the state, we reverse. I. Facts 2 In 1976, appellees (students) enrolled in the Aviation Technology Program…