Coalition to Defend Affirmative Action, et al. v. Brown, Jr., et al., No. 11-15100 (9th Cir. 2012)
Annotate this CasePlaintiffs alleged that section 31 of article I of the California Constitution violated the Equal Protection Clause of the Fourteenth Amendment and caused the unfair exclusion of African American, Latino, and Native American students from higher education. They sought to enjoin the Governor and the President of the University of California, Mark Yudof, from enforcing section 31. Yudof asserted that he was immune from suit under the Eleventh Amendment and that he was an improper defendant pursuant to Rule 21. Although the court held that plaintiffs' suit against Yudof was not barred by Eleventh Amendment immunity, the court held that plaintiffs' equal protection challenge to section 31 was precluded by Coalition for Economic Equity v. Wilson, where the court previously upheld the constitutionality of section 31. Accordingly, the district court correctly dismissed the complaint against the Governor and Yudof for failure to state a claim.
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