Articles Posted in US Court of Appeals for the Sixth Circuit

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Crosby, a tenured professor at the University of Kentucky’s College of Public Health, brought suit under 42 U.S.C. 1983 and state law, claiming that his removal as Department Chair amounted to a deprivation of his protected property and liberty interests without due process of law. He claimed that the defendants were not protected by qualified immunity and were liable under contract law for monetary damages. Before his removal, Crosby had been investigated for being “[v]olatile,” “explosive,” “disrespectful,” “very condescending,” and “out of control.” The report included an allegation that Crosby stated that the Associate Dean for Research had been appointed “because she is a woman, genitalia” and contained claims that the Department’s performance was suffering as a result of Crosby’s temper and hostility toward other departments. The University declined Crosby’s request to handle his appeal under a proposed Governing Regulation and stated that existing regulations would apply. The Sixth Circuit affirmed dismissal of his claims.Crosby identified no statute, formal contract, or contract implied from the circumstances that supports his claim to a protected property interest in his position as Chair; “the unlawfulness” of the defendants’ actions was not apparent “in the light of pre-existing law,” so they were entitled to qualified immunity. View "Crosby v. University of Kentucky" on Justia Law

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An unidentified individual alleged that Doe had engaged in nonconsensual sexual activities with a female University of Kentucky student. After an investigation, a Hearing Panel found that Doe had violated the Code of Student Conduct and assessed a one-year suspension. The University Appeals Board (UAB), reversed, finding violations of Doe’s due process rights and the Code of Student Conduct because Simpson, Director of the Office of Student Conduct, withheld critical evidence and witness questions from the Panel. After a second hearing, the Panel again found Doe had violated the policy. The UAB reversed, finding due process errors, including improper partitioning of Doe and his advisors from the student, denying Doe the “supplemental proceeding” described in the Code, and ex parte communications between the student, Simpson, and the Panel. A third hearing was scheduled, but Doe sought an injunction, citing 42 U.S.C. 1983, and Title IX of the Education Amendments Act, 20 U.S.C. 1681. Defendants argued that any constitutional problems would be cured in the third hearing, with new procedures. The court granted Defendants’ request that the court abstain from providing injunctive relief under Younger and held that Simpson was entitled to qualified immunity. The Sixth Circuit affirmed the abstention decision, reversed as to Simpson, and instructed the court to stay the case pending completion of the University proceedings. View "Doe v. University of Kentucky" on Justia Law