Reise v. Board Of Regents Of The University Of Wisconsin

957 F.2d 293 (7TH Cir. 1992)

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Nature of the Case

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Facts

P applied for a position on D's law school faculty. D did not hire him. D believes that his race and sex account for the decision, that in recent years the Law School has been unwilling to consider anyone, no matter how skilled, who is not black, female, or otherwise eligible for preferential treatment. The court denied a preliminary injunction against D and P appealed. P also appealed asking to reverse the judge’s order that he submit to a mental examination under Fed. R. Civ. P. 35. P demands $4 million in compensatory damages on account of the mental anguish, emotional distress, and illness that he says he has endured as a result of D’s decision not to hire him. Not surprisingly, the Law School wants to obtain a medical opinion on P's mental state, so that it may present evidence on that subject at trial. P insists that because he is over his distress and is not seeking damages on account of his current mental condition, an examination would reveal nothing of value. The district judge ordered P to undergo an examination.