Gabe Kaimowitz v. Bd. of Trs. of the Univ. of Illinois & Its Inst. of Commc'ns Rsch., 951 F.2d 765 (7th Cir. 1992). · Go Syfert
Gabe Kaimowitz v. Bd. of Trs. of the Univ. of Illinois & Its Inst. of Commc'ns Rsch., 951 F.2d 765 (7th Cir. 1992). Cases Citing This Book View Copy Cite
“because 1 this court has determined in previous 1983 actions that a state university is an alter ego of the state, it follows that a state university is not a person within the meaning of 1983 and therefore not subject to suits brought under 1983.”
66 citation events (46 in the last 25 years) across 24 distinct courts.
Strongest positive: Porch v. University of Illinois College of Medicine (ilnd, 2022-08-03)
Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992 2009 2026
Top citers, strongest first. 50 distinct citers.
examined Cited as authority (verbatim quote) Porch v. University of Illinois College of Medicine
N.D. Ill. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
because 1 this court has determined in previous 1983 actions that a state university is an alter ego of the state, it follows that a state university is not a person within the meaning of 1983 and therefore not subject to suits brought under 1983.
discussed Cited as authority (verbatim quote) L.M. v. Southern Illinois University at Edwardsville
S.D. Ill. · 2019 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
state university is not a person within the meaning of 1983 and therefore not subject to suits brought under 1983.
discussed Cited as authority (rule) Gulla v. Chicago State University
N.D. Ill. · 2025 · confidence medium
But as Gulla concedes, § 1983 claims only lie against persons; as an “alter ego” of the state, “a state university is not a person within the meaning of § 1983 and therefore not subject to suits brought under § 1983.” Kaimowitz v. Board of Trs. of Univ. of Ill., 951 F.2d 765, 767 (7th Cir. 1991); Malhotra v. Univ. of Ill. at Urbana-Champaign, 77.
cited Cited as authority (rule) James v. Washington State Patrol
W.D. Wash. · 2025 · confidence medium
“This rule applies equally to state agencies.” Id. (citing 10 Kaimowitz v. Bd. of Trs. of the Univ. of Ill., 951 F.2d 765, 767 (7th Cir. 1991)).
cited Cited as authority (rule) Kilborn v. Amiridis
N.D. Ill. · 2023 · confidence medium
Ill. 2014) (citing Kaimowitz v. Bd. of Trs. of Univ. of Ill., 951 F.2d 765, 767 (7th Cir. 1991))), aff’d as modified sub nom.
discussed Cited as authority (rule) Rahul Malhotra v. University of Illinois at Urbana
7th Cir. · 2023 · confidence medium
See Haynes v. Indiana Univ., 902 F.3d 724, 731 (7th Cir. 2018) (“The University and its Board of Trustees are state agencies for sovereign-immunity purposes.”); Kaimowitz v. Bd. of Trustees of Univ. of Illinois, 951 F.2d 765, 767 (7th Cir. 1991) (concluding that “a state university is an alter ego of the state”).
discussed Cited as authority (rule) Kilborn v. Amiridis
N.D. Ill. · 2023 · confidence medium
Ill. 2014) (“[S]tate universities, as well as their governing bodies, are protected from suit under the Eleventh Amendment.” (citing Kaimowitz v. Bd. of Trs. of Univ. of Ill., 951 F.2d 765, 767 (7th Cir. 1991))), aff’d as modified sub nom.
cited Cited as authority (rule) Dobbins, Andrew v. The University of Wisconsin Madison Transportation Services
W.D. Wis. · 2021 · confidence medium
Kaimowitz v. Bd. of Trustees of Univ. of Ill., 951 F.2d 765, 767 (7th Cir. 1991).
cited Cited as authority (rule) Wright v. Milwaukee County Circuit Court
E.D. Wis. · 2020 · confidence medium
Courts of Marion Cty., Ind., 97 F.3d 902, 907-08 (7th Cir. 1996); Kaimowitz v. Bd. of Trs. of Univ. of Ill., 951 F.2d 765, 767 (7th Cir. 1991).
discussed Cited as authority (rule) Cage v. Harper
N.D. Ill. · 2018 · confidence medium
As an “alter ego of the state,” a state university, including its board of trustees, is “not subject to suits brought under § 1983.” Kaimowitz v. Bd. of Trs. of Univ. of Ill, 951 F.2d 765, 767 (7th Cir. 1991).
cited Cited as authority (rule) Zachary Mutter v. William Rodriguez
7th Cir. · 2017 · confidence medium
See Thomas v. Illinois, 697 F.3d 612, 613 (7th Cir. 2012); Peirick, 510 F.3d at 694-95 ; Kaimowitz v. Bd. of Trs. of the Univ. of Ill., 951 F.2d 765, 767 (7th Cir. 1991).
discussed Cited as authority (rule) Taite v. Bridgewater State University
D. Mass. · 2017 · confidence medium
Mass. 2016) (“[i]t is settled beyond peradventure ... that neither a state agency nor a state official acting in his official capacity may. be sued for damages in a section 1983 action.”) (quoting Johnson v. Rodriguez, 943 F.2d 104, 108 (1st Cir. 1991)); see also Wang v. New Hampshire Bd. of Registration in Medicine, 55 F.3d 698, 701 (1st Cir. 1995) (“neither the state nor its:‘alter ego’ (state university) is a ‘person’ for section 1983 purposes, [and] neither is subject to suit under section 1983”) (quoting Kaimowitz v. Board of Trustees, Univ. of Ill., 951 F.2d 765, 767 (7th…
discussed Cited as authority (rule) Hess v. Board of Trustees of Southern Illinois University
S.D. Ill. · 2015 · confidence medium
See Will v. Mich. Dep’t of State Police, 491 U.S. 58, 64 , 109 S.Ct. 2304 , 105 L.Ed.2d 45 (1989); Kaimowitz v. Bd. of Trustees of Univ. of Ill., 951 F.2d 765, 767 (7th Cir.1991); Shannon v. Bepko, 684 F.Supp. 1465, 1474 (S.D.Ind.1988).
discussed Cited as authority (rule) Jenkins v. Washington
W.D. Wash. · 2014 · confidence medium
Will, 491 U.S. at 71 , 109 S.Ct. 2304 (“We hold that neither a State nor its officials acting in their official capacities are ‘persons’ under § 1983.”); see, e.g., Gaby v. Bd. of Trustees of Comm. Technical Colleges, 348 F.3d 62, 63 (2d Cir.2003) (claim for prospective injunctive relief barred against state entity because it was not a “person” under § 1983); McLaughlin v. Bd. of Trustees, 215 F.3d 1168, 1172 (10th Cir.2000) (same); Kaimowitz v. Bd. of Trustees, 951 F.2d 765, 767 (7th Cir.1992) (claim seeking, inter alia, declaratory relief against state entity barred because def…
discussed Cited as authority (rule) McCauley v. University of the Virgin Islands
D.V.I. · 2009 · confidence medium
See, e.g., Gaby v. Bd. of Trustees of Community Technical Colleges, 348 F.3d 62 (2d Cir. 2003) (holding that the plaintiff failed to state a claim for injunctive relief under Section 1983 against the board of trustees of a state college because “it is clear that the Board of Trustees, as an entity, is not a state official”); McLaughlin v. Bd. of Trustees, 215 F.3d 1168, 1172 (10th Cir. 2000) (holding that a suit seeking injunctive relief against a state college board of trustees failed to state a claim against a “person” for purposes of Section 1983, and noting that “[i]f [the plaint…
discussed Cited as authority (rule) Alexander v. Northeastern Illinois University
N.D. Ill. · 2008 · confidence medium
Stat. 5/1-7 (including universities within the definition of "state agencies”); Kaimowitz v. Bd. of Trustees of Univ. of Ill., 951 F.2d 765, 767 (7th Cir.1991) (holding that "a state university is not a person within the meaning of § 1983 and therefore [is] not subject to suits brought under § 1983"); Alexander v. Northeastern Ill.
cited Cited as authority (rule) Griffin, Inez v. State of Wisconsin
7th Cir. · 2007 · confidence medium
Cts. of Marion County, Indiana, 97 F.3d 902, 907-08 (7th Cir. 1996); Kaimowitz v. Bd. of Trs. of Univ. of Illinois, 951 F.2d 765, 767 (7th Cir. 1991).
discussed Cited as authority (rule) Wasserman v. Purdue University Ex Rel. Jischke
N.D. Ind. · 2006 · confidence medium
(Williamson v. Indiana Univ., 345 F.3d 459, 463 (7th Cir.2003); Power v. Summers, 226 F.3d 815, 818 (7th Cir.2000); Kaimowitz v. Bd. of Tr. of Univ. of Illinois, 951 F.2d 765, 767 (7th Cir.1991); Davidson v. Bd. of Governors of State Colls, and Univs. for W.
discussed Cited as authority (rule) Stanley J. Gaby v. Board of Trustees of Community Technical Colleges, Booker T. Devaughn and Paul Susen
2d Cir. · 2003 · confidence medium
Similarly, the Seventh Circuit has held, in an action seeking declaratory and monetary relief against the Board of Trustees of the University of Illinois, that “a state university is not a person within the meaning of § 1983 and therefore not subject to suits brought under § 1983.” Kaimowitz v. Bd. of Trustees, 951 F.2d 765, 767 (7th Cir.1992).
cited Cited as authority (rule) Williamson, Caroline v. Indiana University
7th Cir. · 2003 · confidence medium
See Powers v. Summers, 226 F.3d 815, 818 (7th Cir. 2000); Kaimowitz v. Bd. of Trustees of Univ. of Ill., 951 F.2d 765, 767 (7th Cir. 1991).
cited Cited as authority (rule) Caroline Williamson v. Indiana University
7th Cir. · 2003 · confidence medium
See Power v. Summers, 226 F.3d 815, 818 (7th Cir.2000); Kaimowitz v. Bd. of Trustees of Univ. of Ill., 951 F.2d 765, 767 (7th Cir.1991).
discussed Cited as authority (rule) Miraki v. Chicago State University
N.D. Ill. · 2003 · signal: cf. · confidence medium
Cf. Kaimowitz v. Bd. of Trs., 951 F.2d 765, 768 (7th Cir.1991) ( 42 U.S.C. § 1988 does not fall within catch-all provision of section 2000d-7 because it does not specifically prohibit discrimination by recipients of federal financial assistance).
cited Cited as authority (rule) Hosty v. Governors State University
N.D. Ill. · 2001 · confidence medium
Kaimowitz v. Board of Tr. of Univ. of Ill., 951 F.2d 765, 767 (7th Cir.1991); Ranyard v. Board of Regents, 708 F.2d 1235, 1238-39 (7th Cir.1983).
cited Cited as authority (rule) Hosty v. Governors State University
N.D. Ill. · 2001 · confidence medium
Kaimowitz v. Board of Tr. of Univ. of Ill., 951 F.2d 765, 767 (7th Cir.1991); Ranyard v. Board of Regents, 708 F.2d 1235, 1238-39 (7th Cir.1983).
discussed Cited as authority (rule) Vizcarrondo v. Board of Trustees of the University of Puerto Rico
D.P.R. · 2001 · confidence medium
Plaintiffs §§ 1981, 1981a, 1983 and 1988 Claims Against the Board of Trustees and Named Defendants in their Official Capacity As to plaintiffs section 1983 cause of action against the Board of Trustees and other named defendants in their *206 official capacity, “[i]t is well settled ‘that neither a state agency nor a state official acting in his official capacity may be sued for damages in a section 1983 action.’ ” Wang v. New Hampshire Board of Registration in Medicine, 55 F.3d 698, 700 (1st Cir.1995) (citing Johnson v. Rodriguez, 943 F.2d 104, 108 (1st Cir.1991)) See Kaimowitz v. B…
discussed Cited as authority (rule) Loeffler v. University of Illinois at Chicago
N.D. Ill. · 1999 · confidence medium
As for Section 1983, University is an “alter ego” of the State of Illinois (Cannon v. University of Health Sciences, 710 F.2d 351, 357 (7th Cir.1983)), and as such it is not a “person” amenable to a Section 1983 lawsuit (Kaimowitz v. Board of Trustees, 951 F.2d 765, 767 (7th Cir.1991)).
cited Cited as authority (rule) Ardeshir GOSHTASBY, Plaintiff-Appellee, v. BOARD OF TRUSTEES OF THE UNIVERSITY OF ILLINOIS, Defendant-Appellant
7th Cir. · 1997 · confidence medium
Kaimowitz v. Board of Trustees of University of Illinois, 951 F.2d 765, 767 (7th Cir.1992); Kroll v. Board of Trustees of University of Illinois, 934 F.2d 904, 906-07 (7th Cir.1991).
cited Cited as authority (rule) Barber-Colman Co. v. Barbosa
N.D. Ill. · 1996 · confidence medium
Kaimowitz v. Board of Trustees of the Univ. of Illinois, 951 F.2d 765, 766 (1991) (citing 29 U.S.C. § 633 (b)).
discussed Cited as authority (rule) Bartges v. UNIVERSITY OF N. CAROLINA AT CHARLOTTE
W.D.N.C. · 1995 · confidence medium
First, UNCC is not a person within the meaning of § 1983, see Will v. Michigan Dept. of State Police, 491 U.S. 58, 70 , 109 S.Ct. 2304, 2312 , 105 L.Ed.2d 45 (1989); Kaimowitz v. Board of Trustees of U. of Illinois, 951 F.2d 765, 767 (7th Cir.1991); see also Huang v. Board of Governors of University of N.C., 902 F.2d 1134 , 1139 n. 6 (4th Cir.1990), and further, UNCC is immune from suit from damages by reason of the *1333 Eleventh Amendment.
discussed Cited as authority (rule) People Ex Rel. Dept. of Transp. v. COOK DEV. CO.
Ill. App. Ct. · 1995 · confidence medium
Kaimowitz v. Board of Trustees of the University of Illinois (7th Cir.1991), 951 F.2d 765, 767-68 (states are immune from actions under sections 1981, 1982, and 1983 in federal court). *850 Additionally, the procedural limitations in the court of claims do not violate constitutional guarantees of due process or equal protection. ( Seifert v. Standard Paving Co. (1976), 64 Ill.2d 109, 121 , 355 N.E.2d 537 , overruled in part, Rossetti Contracting Co. v. Court of Claims (1985), 109 Ill.2d 72 , 92 Ill.Dec. 521 , 485 N.E.2d 332 .) As the Seifert court explained ( 64 Ill.2d at 121 , 355 N.E.2d 537 …
cited Cited as authority (rule) People ex rel. Department of Transportation v. Cook Development Co.
Ill. App. Ct. · 1995 · confidence medium
Kaimowitz v. Board of Trustees of the University of Illinois (7th Cir. 1991), 951 F.2d 765, 767-68 (states are immune from actions under sections 1981, 1982, and 1983 in federal court).
discussed Cited as authority (rule) Quinones v. City of Evanston
N.D. Ill. · 1993 · confidence medium
The Seventh Circuit has directed that in such cases the filing with the EEOC provides “both initiation and termination of the state’s interests pursuant to a prearranged waiver.” Kaimowitz v. Board of Trustees of Univ. of Ill., 951 F.2d 765, 767 (7th Cir.1991) (dismissal of ADEA suit overturned where workshare agreement existed).
discussed Cited as authority (rule) Rawlings v. Iowa Department of Human Services
S.D. Iowa · 1993 · signal: cf. · confidence medium
Employees Retirement Sys., 755 F.Supp. 360, 361 (D.Kan.1990); Croft v. Harder, 730 F.Supp. 342, 348 (D.Kan.1989); cf. Kaimowitz v. Board of Trustees, 951 F.2d 765, 767 (7th Cir.1991) (holding state university is not a person under § 1983); Barket, Levy & Fine, 948 F.2d at 1086 (holding that “[a]n agency exercising state power is not a ‘person’ subject to suit under section 1983 if the agency is entitled to the state’s sovereign immunity under the Eleventh Amendment.”).
discussed Cited as authority (rule) Zych v. Wrecked Vessel Believed to be The \Lady Elgin\""
unknown court · 1992 · confidence medium
Will v. Michigan Department of State Police, 491 U.S. 58 , 109 S.Ct. 2304 , 105 L.Ed.2d 45 (1989); Kentucky v. Graham, 473 U.S. 159 , 105 S.Ct. 3099 , 87 L.Ed.2d 114 (1985); Kaimowitz v. Board of Trustees, 951 F.2d 765, 767-68 (7th Cir.1991).
discussed Cited as authority (rule) No. 91-1673
7th Cir. · 1992 · confidence medium
Will v. Michigan Department of State Police, 491 U.S. 58 , 109 S.Ct. 2304 , 105 L.Ed.2d 45 (1989); Kentucky v. Graham, 473 U.S. 159 , 105 S.Ct. 3099 , 87 L.Ed.2d 114 (1985); Kaimowitz v. Board of Trustees, 951 F.2d 765, 767-68 (7th Cir.1991).
discussed Cited "see" Comstock v. State of Washington Child Protective Services
W.D. Wash. · 2019 · signal: see · confidence high
See Kaimowitz 13 v. Board of Trustees of the Univ. of Ill., 951 F.2d 765, 767 (7th Cir. 1991); Johnson v. Rodriguez, 14 943 F.2d 104, 108 (1st Cir. 1991). 15 Therefore, if plaintiff intends to pursue a § 1983 civil rights action in this Court, she must 16 file an amended complaint, and within the amended complaint she must write a short, plain 17 statement telling the Court: (1) the constitutional right plaintiff believes was violated; (2) the 18 name of the person who violated the right; (3) exactly what the individual did or failed to do; (4) 19 how the action or inaction of the individual …
discussed Cited "see" Kevin Carmody v. Board of Trustees of the Unive
7th Cir. · 2018 · signal: accord · confidence high
Will , 491 U.S. 58 , 109 S.Ct. 2304 ; accord, Kaimowitz v. Board of Trustees of University of Illinois , 951 F.2d 765 , 767-68 (7th Cir. 1991) (affirming dismissal of § 1983 claim because board "is not a person within the meaning of § 1983 and therefore not subject to suits brought under § 1983"); see also Kroll , 934 F.2d at 910 n.7 (noting, as alternative basis for dismissal, that a "state agency with eleventh amendment immunity ... is not a 'person' within the meaning of section 1983," citing Will , 491 U.S. 58 , 109 S.Ct. 2304 ).
discussed Cited "see" Kevin Carmody v. Board of Trustees of the Unive
7th Cir. · 2018 · signal: accord · confidence high
Will, 491 U.S. 58 ; accord, Kaimowitz v. Board of Trustees of University of Illinois, 951 F.2d 765 , 767–68 (7th Cir. 1991) (af- firming dismissal of § 1983 claim because board “is not a per- son within the meaning of § 1983 and therefore not subject to suits brought under § 1983”); see also Kroll, 934 F.2d at 910 n.7 (noting, as alternative basis for dismissal, that a “state agency 8 No. 16-1335 with eleventh amendment immunity … is not a ‘person’ within the meaning of section 1983,” citing Will, 491 U.S. 58 ).
discussed Cited "see" Umholtz v. Kansas, Department of Social & Rehabilitation Services
D. Kan. · 2013 · signal: see · confidence high
See Kaimowitz v. Bd. of Trustees, 951 F.2d 765 (7th Cir.1991)(§ 2000d-7 does not apply to § 1983); Miraki v. Chicago State University, 259 F.Supp.2d 727, 731 (N.D.Ill.2003)(§ 1981 does not fall within catch-all provision of § 2000d-7); McCreery v. North Carolina, 2002 WL 32334399 *1 (E.D.N.C.5/4/2002) aff'd, 48 Fed.Appx. 76 (4th Cir.2002)(§ 2000d-7 does not apply to § 1983 or § 1985); Clemes v. Del Norte County Unified School Dist., 843 F.Supp. 583, 594 (N.D.Cal.1994)(§ 2000d-7 does not apply to § 1983).
discussed Cited "see" Schuler v. PRICEWATERHOUSECOOPERS, LLP
D.C. Cir. · 2008 · signal: see · confidence high
See Kaimowitz v. Bd. of Trustees of the Univ. of Ill., 951 F.2d 765, 767 (7th Cir.1992) (“Because the workshar[ing] agreement provides for direct filing with the EEOC and both initiation and termination of the state’s interests pursuant to a prearranged waiver, [the plaintiff] was not required to physically file his complaint with the [state agency].”).
cited Cited "see" Manning v. Washington
W.D. Wash. · 2006 · signal: see · confidence high
See Kaimowitz v. Board of Trustees of the Univ. of III, 951 F.2d 765, 767 (7th Cir.1991); Johnson v. Rodriguez, 943 F.2d 104, 108 (1st Cir. 1991).
discussed Cited "see" Ntreh v. University of Texas at Dallas
Tex. App. · 1996 · signal: accord · confidence high
Bagg v. University of Tex. Medical Branch, 726 S.W.2d 582, 584-86 (Tex.App. — Houston [14th Dist.] 1987, writ ref'd n.r.e.); accord Kaimowitz v. Board of Trustees of Univ. of Ill., 951 F.2d 765, 767 (7th Cir.1991); Thompson v. City of Los Angeles, 885 F.2d 1439, 1443 (9th Cir.1989).
discussed Cited "see" Clyde A. Winters v. Iowa State University
7th Cir. · 1992 · signal: see · confidence high
See Kaimowitz v. Bd. of Trustees of Univ. of Illinois, 951 F.2d 765, 767 (7th Cir.1991); Kroll v. Bd. of Trustees of Univ. of Illinois, 934 F.2d 904, 907-08 (7th Cir.), cert. denied, --- U.S. ----, 112 S.Ct. 377 , 116 L.Ed.2d 329 (1991).
discussed Cited "see, e.g." Doe 5 v. Southern Illinois University
S.D. Ill. · 2020 · signal: see also · confidence medium
June 11, 2008); see also Kaimowitz v. Bd. of Trs. of Univ. of Ill., 951 F.2d 765, 767 (7th Cir. 1991) (finding that a state university is not a person within the meaning of Section 1983).
discussed Cited "see, e.g." Gillon v. University of Illinois Health & Science Systems
N.D. Ill. · 2018 · signal: see, e.g. · confidence medium
See, e.g., Kaimowitz v. Bd. of Trs. of Univ. of Ill., 951 F.2d 765, 767 (7th Cir. 1991) (holding that the Board of Trustees of the University of Illinois does “not constitute a suable ‘person[]’ within the meaning of § 1983.”); Cannon v. Univ. of Health Scis./Chi.
discussed Cited "see, e.g." David Snyder v. J. King etal (2×)
7th Cir. · 2014 · signal: see, e.g. · confidence medium
See, e.g., Kaimowitz v. Bd. of Trs. of Univ. of Ill., 951 F.2d 765, 767 (7th Cir.1991) (citing Will v. Michigan Dep’t of State Police, 491 U.S. 58, 64 , 109 S.Ct. 2304 , 105 L.Ed.2d 45 (1989)).
cited Cited "see, e.g." David Snyder v. J. King
7th Cir. · 2014 · signal: see, e.g. · confidence medium
See, e.g., Kaimowitz v. Bd. of Trs. of Univ. of Ill., 951 F.2d 765, 767 (7th Cir. 1991) (citing Will v. Michigan Dep’t of State Police, 491 U.S. 58, 64 (1989)).
cited Cited "see, e.g." Mutter v. Madigan
N.D. Ill. · 2014 · signal: see, e.g. · confidence medium
See, e.g., Kaimowitz v. Board of Trustees of Univer sity of Illinois, 951 F.2d 765, 767 (7th Cir.1991); Cannon v. Univ. of Health Sciences/Chi Med.
discussed Cited "see, e.g." Parker v. Franklin County Community School Corp.
7th Cir. · 2012 · signal: see, e.g. · confidence medium
Healthy Bd. of Educ. v. Doyle, 429 U.S. 274, 280 , 97 S.Ct. 568 , 50 L.Ed.2d 471 (1977)); see, e.g., Kaimowitz v. Bd. of Trs. of the Univ. of Ill., 951 F.2d 765, 767 (7th Cir.1992) (“Because this Court has determined in previous § 1983 actions that a state university is an alter ego of the state, and, under Will , a ‘State is not a person’ under § 1983, it follows that a state university is not a person within the meaning of § 1983 and therefore not subject to suits brought under § 1983.”).
discussed Cited "see, e.g." Fantini v. Salem State College
1st Cir. · 2009 · signal: see also · confidence medium
Moreover, we find that even if Appellant intended to include Salem State College under Count Two, said claim is barred by the Eleventh Amendment. ... [I]t is well settled “that neither a state agency nor a state official acting in his official capacity may be sued for damages in a section 1983 action,” Johnson v. Rodriguez, 943 F.2d 104, 108 (1st Cir.1991) (citing Will v. Michigan Dep’t of State Police, 491 U.S. 58, 71 , 109 S.Ct. 2304, 2312 , 105 L.Ed.2d 45 (1989)), cert. denied, 502 U.S. 1063 , 112 S.Ct. 948 , 117 L.Ed.2d 117 (1992); see also Kaimowitz v. Board of Trustees, Univ. of Il…
Gabe KAIMOWITZ, Plaintiff-Appellant,
v.
BOARD OF TRUSTEES OF the UNIVERSITY OF ILLINOIS and Its Institute of Communications Research, Defendants-Appellees
90-3536.
Court of Appeals for the Seventh Circuit.
Jan 3, 1992.
951 F.2d 765
Gabe Kaimowitz, pro se., John B. Alsterda (argued), Charles Palmer, Flynn, Palmer, Tague & Lietz, Cham-paign, Ill., for defendants-appellees.
Cummings, Flaum, Easterbrook.
Cited by 62 opinions  |  Published
FLAUM, Circuit Judge.

Gabe Kaimowitz appeals the dismissal of his suit for monetary and declaratory relief against the Board of Trustees of the University of Illinois (University) and its Institute of Communications Research (Institute) brought under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq., and under 42 U.S.C. § 1983. We reverse the District Court’s dismissal of the ADEA claim and remand for further proceedings, and affirm the dismissal of the § 1983 claim.

I.

Gabe Kaimowitz twice applied for a position in the Institute’s doctoral program, and twice was rejected. After corresponding with Institute representatives about their reasons for rejecting him, Kaimowitz filed a claim with the Equal Employment Opportunity Commission (EEOC), contending that the Institute denied him a position in the program — which he claims is the equivalent of an award of employment— because of his age. He did not, however, file a separate claim with the Illinois Department of Human Resources (IDHR), the agency responsible for overseeing employment discrimination complaints filed in Illinois.

Under ADEA and Title VII, plaintiffs in “deferral” states such as Illinois — i.e., states which provide an administrative remedy for employment discrimination — may not file a discrimination charge with the EEOC until the charge is first filed with the appropriate state agency and either (1) 60 days has elapsed or (2) the state agency terminates its proceedings. 29 U.S.C. § 633(b); 42 U.S.C. § 2000e-5(c); see Marlowe v. Bottarelli, 938 F.2d 807, 809 (7th Cir.1991); Overgard v. Cambridge Book Co., 858 F.2d 371, 374 (7th Cir.1988). In dismissing Kaimowitz’s claim, the District Court determined that Kaimowitz failed to exhaust state administrative remedies because he had not filed his claim with the IDHR before filing suit in federal court.

The District Court based its decision on Hutsch v. Szabo Food Service Company, 851 F.2d 999, 1003 (7th Cir.1988), in which this Court stated that a plaintiff “must at least initiate state proceedings as a condition precedent to filing a federal action based on ADEA.” Szabo, however, did not involve, and thus did not address, the import of so-called “workshare agreements” on the filing process. Like many states, Illinois has chosen to participate with the EEOC in a workshare agreement, which apportions initial jurisdiction over discrimination complaints between the two agencies. [1] In Kaimowitz’s case, Illinois’ designated agent in the EEOC regional office determined that his claim was within the category of complaints over which the IDHR did not wish to exercise its right of initial processing, thus vesting jurisdiction over the claim in the EEOC. See Appendix Item 7. In October 1989, the EEOC sent Kaimowitz a letter informing him that its investigation of his claim was not yet complete, and reminding him that his right to sue under ADEA would expire in March 1990. Kaimowitz filed suit in District Court on March 1, 1990.

After the District Court dismissed the ADEA count without prejudice on the ground that Kaimowitz had failed to pursue state remedies before bringing the ADEA action, he filed a motion for reconsideration. Along with the motion, he attached copies of the workshare agreement and the transmittal form acknowledging that IDHR waived its right to process his claim. The court denied the motion, stating that these documents were “inconclusive” as to whether Kaimowitz had filed a charge with the IDHR as a condition precedent to filing his ADEA suit.

In Hong v. Children’s Memorial Hospital, 936 F.2d 967 (7th Cir.1991), we held[*767] that “the workshare agreement can alone effect both initiation and termination of the state proceedings and that, as a result, plaintiffs may file with the EEOC without first filing with the IDHR.” Hong, 936 F.2d at 971; see also Marlowe, 938 F.2d at 808, 814 (workshare agreement between IDHR and EEOC is “self-executing”— where IDHR waives exclusive right to process charges, filing of complaint with EEOC “work[s] instantaneous constructive termination of the state’s jurisdiction over” the charges) (citations omitted). Cf. Sofferin v. American Airlines, 923 F.2d 552, 559 (7th Cir.1991) (worksharing agreements could lawfully “provide that a filing with the EEOC simultaneously initiates and terminates state proceedings.”). Hong compels that we reverse the District Court’s dismissal of Kaimowitz’s ADEA claim. Kaimowitz filed a claim with the EEOC. Through the workshare agreement, the IDHR determined that it was “unwilling to act,” Hong, 936 F.2d at 971, thereby “waivpng] its first dibs under the work-share agreement,” id. at 969, and ceding its jurisdictional prerogative to the EEOC. Id. at 971. Because the workshare agreement provides for direct filing with the EEOC and both initiation and termination of the state’s interests pursuant to a prearranged waiver, Kaimowitz was not required to physically file his complaint with the IDHR.

We find that Kaimowitz properly exhausted his state administrative remedies before filing suit in federal court, and reverse the dismissal of his ADEA claim and remand for further proceedings. [2]

II.

Kaimowitz’s § 1983 claim may be dispensed with in rather short order. He grounds his § 1983 claim on the allegation that the defendants violated his due process rights by failing to fully consider his qualifications. The District Court dismissed this claim on the ground that the University and its Institute do not constitute suable “persons” within the meaning of § 1983. We agree.

As the District Court observed, the Supreme Court in Will v. Michigan Department of State Police, 491 U.S. 58, 64, 109 S.Ct. 2304, 2308, 105 L.Ed.2d 45 (1989), held that “a State is not a person within the meaning of § 1983.” In Cannon v. University of Health Sciences/The Chicago Medical School, 710 F.2d 351, 357 (7th Cir.1983), we held that the plaintiff was barred by the eleventh amendment from suing a state university for damages pursuant to § 1983 because state universities are “alter egos” of the state. See also Kashani v. Purdue University, 813 F.2d 843, 844 (7th Cir.) (in § 1983 action, state university “an arm of the state” entitled to eleventh amendment protection against claims for monetary damages), cert. denied, 484 U.S. 846, 108 S.Ct. 141, 98 L.Ed.2d 97 (1987). Because this Court has determined in previous § 1983 actions that a state university is an alter ego of the state, and, under Will, a “State is not a person” under § 1983, it follows that a state university is not a person within the meaning of § 1983 and therefore not subject to suits brought under § 1983.

We find unpersuasive Kaimowitz’s claim that Will suggested that the immunity afforded states does not extend to public universities when it cited Patsy v. Board of Regents of Florida, 457 U.S. 496, 503, 102 S.Ct. 2557, 2561, 73 L.Ed.2d 172 (1982), a case involving a state university, for the proposition that “Congress assigned to the federal courts a paramount role” in protecting civil liberties. Will, 491 U.S. at 66, 109 S.Ct. at 2309. The mere fact that Will quotes from a case involving a state university does not mean that the Court intended to create an exception to the general rule that a state is not a person under § 1983. Indeed, the sentence immediately following the reference to Patsy states, “Section 1983 provides a federal forum to remedy many deprivations of civil liberties, but it does not provide a federal forum for liti[*768] gants who seek a remedy against a State for alleged deprivations of civil liberties.” Will, 491 U.S. at 66, 109 S.Ct. at 2309. Moreover, the Court in Patsy did not even address the eleventh amendment immunity issue upon the express request of the defendant. Patsy specifically opened the door to an eleventh amendment objection, however, stating that “[njothing in this opinion precludes the [defendant university] from raising its Eleventh Amendment claim on remand.” Patsy, 457 U.S. at 516, 102 S.Ct. at 2568.

Kaimowitz also argues that the 1987 Civil Rights Restoration Act (1987 Act) strips the defendant here of any immunity for suits brought under § 1983. In the 1987 Act, Congress expressly waived state immunity for violations of certain specifically enumerated federal statutes and “provisions of any other Federal statute prohibiting discrimination by recipients of Federal financial assistance.” 42 U.S.C. § 2000d-7. Kaimowitz argues that § 1983 is sufficiently similar to the statutes enumerated in the 1987 Act to fall within its “catch-all” provision. We disagree. Section 1983 is a different creature than the three statutes listed in the 1987 Act (title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and title VI of the Civil Rights Act of 1964), each of which explicitly refers to discrimination by recipients of federal financial assistance. See 20 U.S.C. § 1681; 42 U.S.C. § 6101; id. § 2000d. Unlike these statutes, § 1983 does not specifically prohibit discrimination by recipients of federal financial assistance. Thus, we find the 1987 Act inapplicable here.

Because we conclude that Kaimowitz is not eligible for relief against the University or its representatives under § 1983, we affirm the District Court’s dismissal of this claim.

III.

For the reasons stated above, we Reverse the dismissal of the ADEA claim and Remand for further proceedings consistent with this opinion, and Affirm the dismissal of the § 1983 claim.

1

. We extensively discussed the operation of the IDHR-EEOC workshare agreement in Hong v. Children's Memorial Hospital, 936 F.2d 967 (7th Cir.1991), and Sofferin v. American Airlines, Inc., 923 F.2d 552 (7th Cir.1991). See also Marlowe v. Bottarelli, 938 F.2d 807 (7th Cir.1991). Our opinion assumes familiarity with these decisions.

2

. In remanding, we do not find meritorious Kaimowitz’s contention that Judge Baker should have recused himself from this case because he attended and graduated from the University of Illinois and its law school and that, on remand, this case should be referred to a different judge.