Kroupa v. Nielsen, et al., No. 12-2843, 2013 U.S. App. LEXIS 19582 (8th Cir. Sept. 25, 2013)

(state (SD) Cooperative Extension Service barred 4-H member from showing livestock at 4-H exhibitions due to “misrepresentation of the ownership” of winning entry at state fair; member’s father brought Bivens action against state 4-H Association and two state 4-H officials; trial court dismissed state 4-H Association as defendant because it is part of South Dakota State Univ. and controlled by state Board of Regents and 4-H officials due to sovereign immunity; trial court granted preliminary injunctive relief due to state officials not allowing appeal of decision denying livestock showing and alleged violation of due process rights; defendants appealed, moving for stay of injunction pending appeal and trial court denied stay and defendants pursued appeal of preliminary injunction; on appeal, court affirmed issuance of preliminary injunctive relief to plaintiff; plaintiff likely to succeed on merits of due process claim – state took action that damaged plaintiff’s reputation, a protected interest; court determined that participation in 4-H is a “right or status” open to all SD children subject to reasonable, non-discriminatory terms and plaintiff entitled to fair chance to prove that defendants published defamatory ruling depriving plaintiff of right or status conferred by state law carrying due process protections; plaintiff established irreparable harm and equities weigh in plaintiff’s favor).