This section contains the nature of the case and procedural background.

Tarkanian (P) became the head basketball coach at UNLV in 1973. The team went from a 14-14 record and four years later went 29-3 and placed third in the NCAA championships. In September of 1977, P was informed that UNLV (D) was going to suspend him for 38 alleged rules violations of the NCAA. P sued in Nevada state court alleging that he had been deprived of his due process rights. P obtained injunctive relief and an award of attorney fees against both D and the NCAA (D1). The Nevada Supreme Court affirmed ruling that D1 had engaged in state action when it’s conducted its investigation and made is recommendation that P be disciplined. During D1's investigation of P the Committee of Infractions included three law professors, a mathematics professor and the dean of a graduate school. That Committee proposed a series of sanctions against D and ordered D to show cause why additional penalties should not be imposed if D failed to discipline P by removing him completely from D's intercollegiate athletic program during its two-year probation period. P won the case in state court, and it also ruled that D1 was involved in state action. D1 appealed the award and injunction.

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