43 F. Supp. 3d 679
N.D. Miss.2014Background
- McNair, tenured associate professor at MVSU, was terminated in Aug. 2012 after a series of conduct issues and attendance problems.
- He chaired the Faculty Senate and attended IHL meetings Aug–Nov 2011 amid a no-confidence vote against the university president.
- Maxwell, the Interim Chair, supervised McNair and issued restrictions on leave and travel for IHL duties in 2012.
- McNair was docked pay for three days after being absent from class and for attending an IHL meeting without prior admin approval.
- A hearing committee recommended termination in July 2012; Oliver accepted the recommendation and terminated McNair on Aug. 13, 2012.
- Plaintiff asserted multiple state and federal claims, including conspiracy, First Amendment retaliation, due process, FLSA retaliation, and various state-law claims; defendants moved for dismissal or summary judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether defendants are proper § 1983/1985/1986 defendants | McNair asserts conspiracy claims against state entities. | Mississippi entities are not “persons” under these sections. | Conspiracy claims fail; defendants are not 'persons' under § 1983/1985/1986. |
| Whether First Amendment retaliation is viable against state defendants | Termination was retaliation for speech against Oliver and no-confidence vote. | Plaintiff was terminated for failing to teach; not subject to § 1983 claims against state actors. | First Amendment retaliation claim fails as defendants are not proper § 1983 defendants. |
| Whether due process claims survive against state defendants | Procedural and substantive due process violations occurred in termination process. | Not proper § 1983 defendants; due process claims barred if not properly pled under § 1983. | Due process claims fail for lack of a § 1983 vehicle against parties who are not 'persons'. |
| Whether FLSA retaliation claim is viable against state entities | Defendants retaliated under FLSA terms. | State entities are immune under Eleventh Amendment; FLSA retaliation barred by sovereign immunity. | FLSA retaliation claim fails due to sovereign immunity of the state and its arms. |
| Whether the court should exercise supplemental jurisdiction over state-law claims | State-law claims should proceed alongside federal claims. | With federal claims dismissed, court should decline supplemental jurisdiction. | Court declines supplemental jurisdiction and dismisses state-law claims without prejudice. |
Key Cases Cited
- Will v. Michigan Dep't of State Police, 491 U.S. 58 (1989) (state not a 'person' under § 1983)
- Stotter v. Univ. of Texas at San Antonio, 508 F.3d 812 (5th Cir. 2007) (state universities are not 'persons' under § 1983)
- Johnston v. Harris Cnty. Flood Control Dist., 869 F.2d 1565 (5th Cir. 1989) (§ 1983 limits liability to 'persons')
- Thrasher v. Board of Supervisors of Alcorn Cnty., 765 F. Supp. 896 (N.D. Miss. 1991) (definition of 'person' for § 1983 liability)
- Veres v. Monroe Cnty., 364 F. Supp. 1327 (E.D. Mich. 1973) (interpretation of § 1985/1986 with § 1983)