Mawson v. University of Mississippi Medical Center
3:11-cv-00574
S.D. Miss.Dec 20, 2012Background
- Mawson was employed as a professor at UMMC on a tenure-track contract renewed for 2007–2010 under the IHL framework.
- Around 2008 Mawson spoke before a Mississippi House committee; the remarks were controversial and drew criticism from UMMC and state health officials.
- Mawson was placed on a Performance Improvement Plan on July 1, 2009 due to concerns about work quality.
- UMMC notified Mawson on August 18, 2010 that it would not renew his contract for the following year.
- Mawson’s employment was terminated in December 2010 after a separate incident leading to a disciplinary determination.
- Mawson filed suit in August 2011 alleging federal and state claims, leading to removal to this court; Mawson conceded the implied covenant claim and that no procedural-due-process claim exists.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Mawson’s federal claims survive against UMMC. | Mawson seeks constitutional relief directly against UMMC. | UMMC is not a "person" under §1983; cannot be sued; implied-right theories fail. | Federal §1983 claims against UMMC dismissed. |
| Whether Mawson can pursue breach of contract against UMMC. | Contract existed with IHL; UMMC as an arm of state should be liable. | UMMC is not a party to Mawson’s contract; not liable. | Breach of contract claim against UMMC dismissed. |
| Whether Mawson’s academic freedom claim is viable against UMMC. | Handbook provision on academic freedom incorporated into contract. | UMMC not party to contract; handbook disclaimer forecloses claim. | Academic freedom claim against UMMC dismissed. |
| Whether Mawson’s IIED claim is barred by MTCA immunity. | IIED based on malice by UMMC and its agents. | MTCA immunity excludes malice-based torts; agency cannot waive immunity. | IIED claim dismissed due to MTCA immunity. |
| Whether Mawson’s due process claim (Mississippi/liberty interest) survives. | Non-renewal stigmatized Mawson and deprived employment opportunities. | No protected property interest; alleged stigma not proven to have publicized defamation. | Mississippi due process claim resolved in Mawson’s favor on publication? No; court held no publication; subs. due process claim dismissed; analysis focused on publication absence. |
Key Cases Cited
- Will v. Mich. Dep't of State Police, 491 U.S. 58 (1989) (state immunity; §1983 limitations for state entities)
- Bruner v. Univ. of S. Miss., 501 So. 2d 1115 (Miss. 1987) (contracting with public universities requires proper contracting channels)
- Whiting v. Univ. of S. Miss., 62 So. 3d 907 (Miss. 2011) (employment contract formation and agency grounds; contract validity)
- Weible v. Univ. of S. Miss., 89 So. 3d 51 (Miss. Ct. App. 2011) (MTCA scope excludes malice-based torts against state entities)
- Hall v. Bd. of Trs. of State Insts. of Higher Learning, 712 So. 2d 312 (Miss. 1998) (liberty interests in certain employment contexts; stigmatizing charges)
- Cabrol v. Town of Youngsville, 106 F.3d 101 (5th Cir. 1997) (public-employment due-process standards; stigmatization factors)