Atwell v. Kelley

holding that § 2000e-16 of Title VII applied to claim by white federal employee that he suffered racial discrimination in response to his representation of black fellow employee | holding that a back pay award against the Board of Regents of Stephen F. Austin State University and its president, in his official capacity, was barred by the Eleventh Amendment | unwavering custom of promoting in exact order of rank on promotion roster gave rise to entitlement | unrestricted right to sue in "any court" construed as waiver where status of university's financial relationship with state unclear | suit permitted due to waiver explicit in University’s charter allowing suit “in any court of law or equity” | unrestricted right to sue in “any court” construed as waiver where status of university’s financial relationship with state unclear | District Court’s finding of a protected interest not clearly erroneous where “ ‘objective' evidence’ ” supported plaintiffs expectation of continued employment | oral assurances that alien faculty member had de facto tenure satisfied Perry even though he had previously not been eligible under state law | agency record can be reviewed de novo on a motion for summary judgment to determine whether any genuine issue of fact exists as to discrimination | a case relied upon by this court in Vail