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Civil Procedure Keyed to Yeazell
Reise v. Board of Regents of the University of Wisconsin
Citation:
957 F.2d 293 (7th Cir. 1992)Facts
Plaintiff graduated from the Law School of the University of Wisconsin at Madison in the top 5 percent of his class. Plaintiff then applied for a faculty position with the University and was not hired. Plaintiff sued the University, alleging that Plaintiff was not hired because of his race and gender. Plaintiff alleged that the University refused to hire anyone who is not black, female, or otherwise in a protected class. Out of the previous 13 hires, only one was a white man. Plaintiff sought $4 million in damages, arising from the mental anguish, emotional distress, and illness allegedly caused by the University’s failure to hire him. The University requested a mental examination of Plaintiff under FRCP Rule 35. Plaintiff asserted that the examination would not reveal anything, because Plaintiff was not experiencing emotional distress at that time. The trial court ordered Plaintiff to undergo the examination. Plaintiff appealed.
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