Hagel

Hagel v. Portland State University

Good Law
237 F. App'x 146
United States Court of Appeals for the Ninth CircuitMay 15, 2007No. 05-35703California331 words

Opinion

Lead Opinion

MEMORANDUM **

Robert Hagel appeals the district court’s grant of summary judgment in favor of the Appellees. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we AFFIRM in part and REVERSE in part the district court’s order.

We affirm the district court’s dismissal of Portland State University as a defendant. The University is an arm of *148 the state of Oregon and, therefore, immune from suit under the Eleventh Amendment. See Rounds v. Or. State Bd. of Higher Educ., 166 F.3d 1032 , 1035 (9th Cir.1999).

We also affirm the district court’s holding that the Appellees afforded Hagel adequate procedural due process with regard to his suspension. The district court properly balanced Hagel’s due process rights with the concerns for the safety and well-being of students, staff, and campus property.

We reverse the district court’s dismissal of Hagel’s 42 U.S.C. § 1983 claim relating to his loss of housing. The district court dismissed this claim based on claim preclusion. Claim preclusion applies if there is “(1) an identity of claims; (2) a final judgment on the merits; and (3) identity or privity between parties.” Providence Health Plan v. McDowell, 385 F.3d 1168, 1174 (9th…

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