CSU involved in several high-profile litigation cases

Kristi Garrett
State Hornet
Published Online September 15, 1999

The status of several lawsuits pending against CSUS were reported this week to the CSU Board of Trustees. The following is taken directly from the biannual report made by General Counsel Christine Helwick:

New Case:
Smallen v. Sacramento State, et al. -- Sacramento Superior Court

Darren Smallen, who is white, claims that he was denied admission to the graduate program in Social Work at CSU, Sacramento, in violation of Prop. 209 and federal law, because the university secretly considered race in its admission decisions. The case is in the discovery phase.

Personal Injury Case:
Hilson, et al. v. CSU Sacramento, et al. -- Sacramento County Superior Court

William Hilson was attending a football game at Hornet Field Stadium when a plank gave way and he fell 20 feet to the ground. He suffered multiple fractured vertebrae and ribs and had to be placed in a full body cast for more than two months. His son, who witnessed the fall, and his wife have joined Hilson in the claim for damages. The case was settled through an early mediation for a total of $600,000, of which CSU contributed $400,000.

Student Case:
Muenzberg v. Barnes, et al. -- United States District Court, Sacramento

Darrin Muenzberg, a former California Maritime Academy student, claims various civil rights violations because he was allegedly "singled out" and retaliated against for supporting a fellow student who filed a race discrimination complaint against then-Vice President for Student Services, Stephen Barnes. (Barnes has since left the academy and filed his own lawsuit against the CSU.) The retaliation included, among other things, being subjected to an unauthorized drug test. Barnes is being provided a separate defense at CSU expense pursuant to a reservation of the right to disclaim responsibility for his conduct. The case is in the discovery phase. Trial is set for February 14, 2000.