Marmolejo accepted the next day. Dr. Darrell Krueger, the president of WSU, signed the search committee's recommendation to hire Marmolejo on August 29, 1994. Shortly after accepting the position, Marmolejo made an application to the University of Wisconsin-Madison for her Ph.D. diploma. Respondent brought suit claiming, in part, that he was discriminated against during the hiring process because a lesser-qualified candidate of a different race and gender was employed in his place in violation of the Minnesota Human Rights Act. The district court denied appellants' claim of official immunity, ruling that genuine issues of material fact exist precluding summary judgment.
Appellants appeal the district court's denial of summary judgment on the issue of official immunity.
On appeal, the evidence must be viewed in the light most favorable to the party against whom judgment was granted. Summary judgment is appropriate only where is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Minn. R. Civ. Appellants argue that respondent's discrimination claims under the Minnesota Human Rights Act are barred by the doctrine of official immunity. Appellants claim that respondent has failed to present a prima facie case of discrimination because respondent failed to pass the scrutiny of the WSU search committee and that appellant Krueger was not put on notice of any discriminatory hiring practice when Marmolejo was offered the position.