the Medical Director of the Department of Human Resources and
Development for the State of California.
The plaintiff, in his complaint, alleges, inter alia, the
1. At all times relevant to the instant complaint the
defendant D. Allen Treat was acting in his
official capacity as Medical Director of the
Department of Human Resources and Development for
the State of California under color of that
state's laws and was charged with the evaluation
of prospective employees according to various
standards established in personnel selection.
2. Pursuant to the laws of the State of California
the plaintiff was induced to apply for employment
as a "Hearing Referee, Unemployment Insurance
Appeals Board" pursuant to an announcement of the
California State Personnel Board.
3. On the 24th day of February, 1973, the plaintiff,
pursuant to the acceptance of his application,
completed a written examination in Sacramento,
California and, thereafter successfully passed an
oral examination in Sacramento, California on the
14th day of June, 1973.
4. On or about July 11th, 1973, the plaintiff was
advised that he had been placed number 3 in rank
among those taking the examination and had been
placed upon a list of eligibles to be certified
for any available vacancies.
5. On the 12th day of October, 1973, the plaintiff
was offered employment by Mr. Jack D. Clevenger,
Chief Referee of the California Unemployment
Appeals Board by telephone to the plaintiff, who
was in the City of Chicago and State of Illinois.
6. The offer of employment was accepted by the
plaintiff on the 12th day of October, 1973, in the
City of Chicago, State of Illinois as more fully
set out in the letter of confirmation dated
October 12, 1973.
7. Pursuant to the offer and acceptance of employment
the plaintiff was induced to notify his employer
of his termination and acceptance of the position
offered which was unequivocal on October 12, 1973.
8. Thereafter, pursuant to request, the plaintiff
underwent a thorough physical examination, the
results of which were sent to the State of
California, Department of Human Resources and
Development for evaluation by its Medical
Director, the defendant, D. Allen Treat.
9. Contrary to the medical findings of the examining
physician, Dr. John Caserta, that the plaintiff
was physically fit, which report is in the
exclusive possession of the defendant, the said
defendant wilfully and maliciously refused to
accept the certification of the examining
physician and arbitrarily misused his position,
rank or office to deprive the plaintiff of his
Constitutional right to equal protection of the
law as provided in the Fourteenth Amendment to the
Constitution of the United States, by arbitrarily
and maliciously imposing upon him a standard which
a. different from the standard used in evaluating
b. non-existent as no standards had ever been set;