Gavin Clarkson v. Board of Regents of New Mexico State University, et al.

This petition presents one or more questions of exceptional importance. In particular, the Tenth Circuit conflicts with authoritative decisions of the Second, Third, Fifth, Sixth, Seventh, Eighth, Ninth, and particularly the Eleventh Circuits. This petition also raises significant questions regarding the due process protections that are apparently denied to conservative academics. Thus, Supreme Court review is necessary to settle important questions of Federal Law and secure and maintain uniformity of the Circuit Courts’ decisions.

1. Should an appeals court supplement the record when the government materially misleads the lower Court, either intentionally or unintentionally, regarding a pivotal exhibit?

2. Should an appeals court floccinaucinihilipilificate arguments presented at an administrative hearing and incorporated as audio exhibits in a motion for summary judgment by treating them as “new arguments” on appeal merely because they were in an audio recording of the actual administrative hearing?

3. Are the Administrative Rules and Procedures promulgated by an instrumentality of a State documents that must be added to the record in order to be considered by a Court of Appeals?

4. Does an explicit waiver of sovereign immunity in a state statute apply when a §1983 claim is based on denial of due process regarding contractual claims related to employment?