motion to dismiss and for summary judgment.


16
During the district court proceedings, it soon became apparent that Sonnleitner's state law claim had been extinguished by a procedural error. Under Wisconsin law, if Sonnleitner wished to appeal the Institute's interpretation of the Commission's order, he had to file and serve his complaint within 60 days of the failure to comply with the order. See Wis. Stat. § 230.44(4)(c). Although he filed on time, he served the complaint on the Chairman of the Personnel Commission instead of on the proper party, Joe Leann, the Secretary of the WDHFS. By the time he corrected the error on July 10, 2000, the time for service of process under Wisconsin law had expired. In his reply brief in the district court, Sonnleitner agreed withthat was "very serious in nature." Id. What he was not told, however, was that this information included a report of his alleged confession on the day of his arrest. Id. As the Court noted, "he was consequently unable to respond to damaging statements attributed to him in the police report." Id. A week later, after the officer had read the state police report, he was informed that he would be demoted to the position of groundskeeper and given backpay at the lower rate of pay assigned to the lower position. The following day, the officer was given the opportunity before the university president to respond fully to the charges. The president, in turn, sustained the charges.


27
The Court ultimately ruled that failure by the university to provide the