Opinion · Alaska Supreme Court

Brown v. Wood

Brown v. Wood, No. 2564 and 2565, UP1410959 (Alaska Apr. 10, 1979)

Type
Opinion
Court
Alaska Supreme Court
Jurisdiction
Alaska
Date
1979-04-10
Topic
general

How later courts describe this case

  • holding that a theory of recovery which was not included in a complaint, briefed or argued at trial, and was not the subject of any ruling by the superior court, would not be considered for the first time on appeal
  • statutory grounds for recovery not argued or ruled upon at trial will not be considered on appeal
  • state university can be sued under § 1983 in light of Monell, reversing earlier decision denying action based on Monroe
  • plaintiff showing that she is paid less than male colleagues for comparable work established a prima facie case of discrimination and thus shifted the burden to the employer to show that the difference in pay is based on other considerations
  • plaintiff showing that she is paid less than male colleagues for comparable work established a pri-ma facie case of discrimination and thus shifted the burden to the employer to show that the difference in pay is based on other considerations

Citator

Brown v. Wood has been questioned or limited by later authorities: relies on overruled authority: 5 L. Ed. 2d 492 (overruled by Monell v. New York City Dept. of Social Servs.). Read them before relying on it. 17 later decisions cite it.

Authority status
caution
Cited by
17 opinions

ORDER ON REHEARING

We have granted appellant’s petition for rehearing.

In our opinion in this case, reported in 575 P.2d 760 (Alaska 1978), we relied upon Monroe v. Pape, 365 U.S. 167, 81 S.Ct. 473, 5 L.Ed.2d 492 (1961), together with Williford v. California, 352 F.2d 474 (9th Cir. 1965), for our conclusion that the University of Alaska is not a “person” which may be held liable in a suit under 42 U.S.C. § 1983. 1

While this case was pending on petition for rehearing, that portion of Monroe v. Pape, supra, on which we relied was overruled in Monell v. New York Dept. of Social Services, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978). In view of this, we have concluded that our earlier opinion should be modified so that, in accord with Monell, the University of Alaska can be held liable in a suit under 42 U.S.C. § 1983.

Upon remand, the Superior Court shall be guided by the principles set forth in Monell, supra, and our earlier opinion, 575 P.2d at 766, shall be considered modified accordingly-

BURKE, J., not participating.
1

. That statute provides in pertinent part:

Every person who, under color of any statute . custom or usage of any State . causes to be subjected, any citizen of the United States ... to the deprivation of any rights, privileges or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law . . .