Lewis Camden Peters v. Roy Lieuallen, Chancellor of the State Board of Higher Education, and the State Board of Higher Education, State of Oregon

Peters appeals from the dismissal of his employment discrimination suit against defendants Roy Lieuallen, Chancellor of the Oregon State Board of Higher Education, and against the State Board of Higher Education, itself. Suit was originally brought under Title VII, 42 U.S.C. §§ 2000e et seq. (1976), 42 U.S.C. § 1981 (1976) and 42 U.S.C. § 1983 (1976). This court has jurisdiction pursuant to 28 U.S.C. § 1291 (1976).

I

FACTS

Peters, a black man, applied for the position of Compliance Officer of the Chancellor, Oregon State Board of Higher Education (the Board). Applications for the position were screened to eliminate unqualified applicants. The list of qualified applicants was reduced to nine, of whom Peters was one. These nine candidates were interviewed by a search committee. Committee members each ranked those whom he or she considered to be the top five candidates. Peters appeared on none of the committee members’ lists. A white woman was ultimately hired for the position.

Peters brought suit against the school board and the Chancellor, alleging that he had been discriminated against because of his race and sex, in violation of 42 U.S.C. §§ 1981 , 1983, and 2000e et seq.…