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STUDENTS, CONSERVATIVE AMERICA v. GREENWOOD

No. 03-15199.

378 F.3d 1129 (2004)

STUDENTS FOR A CONSERVATIVE AMERICA; Matthew Cox; Colleen McLaughlin; Dan Burkhart, Plaintiffs-Appellants, v. M.R.C. GREENWOOD, in her official capacity as Chancellor of the University of California Santa Cruz (UCSC); Francisco Hernandez, in his official capacity as Vice Chancellor of Student Affairs at UCSC; Matthew Jones, in his official capacity as Chair of the UCSC Student Union Assembly (SUA) & member of the SUA Elections Commission; Sharhonda Bossier, in her official capacity as UCSC SUA Elections Commissioner; Susie Vilayvanh, in her official capacity as UCSC SUA Elections Commissioner, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 11, 2004.

Attorney(s) appearing for the Case

James Bopp, Jr., Bopp, Coleson & Bostrom, Terre Haute, IN, for the plaintiffs-appellants.

Christopher M. Patti, University of California, Oakland, CA, for the defendants-appellees.

Before SCHROEDER, Chief Judge, TASHIMA, and RAWLINSON, Circuit Judges.

SCHROEDER, Chief Judge:

Unsuccessful candidates for student government positions at the University of California, Santa Cruz ("UCSC") and a student organization, of which the candidates are members, challenged specific provisions of the University's election code on First Amendment grounds. The district court held that it lacked the authority to order a new election because the defendants, various University officials, were entitled to Eleventh Amendment immunity...

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