Alaska Employment Law

U. S. District Judge Timothy Burgess has dismissed a former University of Alaska student’s Section 1983 claims against the University and a lender.  The ex-student alleged that the University had misapplied (or “stolen”) part of his student loan, and that the lender had required him to repay the entire loan despite its alleged knowledge of the University’s actions.

Burgess held that the ex-student had failed to state a Section 1983 claim, because there’s no constitutional right to education (either express or implied), and because the 1965 Higher Education Act doesn’t provide a private right of action, except for suits brought by or against the Secretary of Education.

Burgess also held that the University had 11th Amendment immunity, and that the lender was not a state actor.

Wanda v. UAA Office of Financial Aid, 3:08-cv-00116-TMB (D.Alaska)

Order Dismissing University; Order Dismissing Lender

The former student was pro se.  Michael O’Brien from the University’s General Counsel Office in Fairbanks represented the school.  Cynthia Ducey of Delaney Wiles in Anchorage was local counsel for the lender.