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Reise v. Board of Regents of the University of Wisconsin

United States Court of Appeals for the Seventh Circuit
957 F.2d 293 (1992)


E.H. Reise (plaintiff) graduated from the Law School of the University of Wisconsin at Madison (the University) (defendant) in the top 5 percent of his class. Reise then applied for a faculty position with the University and was not hired. Reise sued the University, alleging that Reise was not hired because of his race and gender. Reise 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. Reise 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 Reise under Federal Rule of Civil Procedure 35. Reise asserted that the examination would not reveal anything, because Reise was not experiencing emotional distress at that time. The trial court ordered Reise to undergo the examination. Reise appealed to the United States Court of Appeals for the Seventh Circuit.

Rule of Law


Holding and Reasoning (Easterbrook, J.)

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