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

Peters appeals from a judgment in favor of defendants, the Chancellor of the Oregon State System of Higher Education and the State Board of Higher Education. Peters’s action alleged racial discrimination in violation of Title VII, 42 U.S.C. § 2000e et seq., and 42 U.S.C. §§ 1981 and 1983.

In 1976, Peters, a black man, was one of forty-nine applicants for the position of Compliance Officer with the Board. After screening the applicants, a search committee selected nine, including Peters, who appeared qualified. The committee members interviewed these applicants, and from them, selected five finalists. Peters was not among the five finalists. A white woman was ultimately selected for the position.

The district court dismissed Peters’s § 1981 and § 1983 claims and, after trial to the court, entered judgment for the defendants on his Title VII claim. We reversed the dismissal of the § 1981 and § 1983 claims against the Chancellor on the grounds that although the Eleventh Amendment barred an award of damages against the Board, prospective relief might be available against the Chancellor. Peters v. Lieuallen, 693 F.2d 966 (9th Cir.1982). We also reversed the judgment on Peters’s Title…