Violation of Due Process – Sovereign Immunity

By: Derek Hawkins//October 17, 2016//

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7^th Circuit Court of Appeals

Case Name: Nicholas Hess v. The Board of Trustees of Southern Illinois University, et al

Case No.: 16-1064

Officials: FLAUM, MANION, and HAMILTON, Circuit Judges

Focus: Violation of Due Process – Sovereign Immunity

Nicholas Hess was suspended and later expelled from Southern Illinois University (SIU) after he was arrested for aggravated battery. Hess sued the Board of Trustees of the university, as well as several school administrators in their individual and official capacities, for violations of his procedural and substantive due-process rights. After dismissing some of the claims as barred by sovereign immunity, the district court awarded summary judgment to defendants on the remaining claims. We affirm.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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