984 F.3d 1107
5th Cir.2021Background
- Denise Taylor-Travis was Jackson State University’s women’s basketball head coach under a contract running through 2013; the university placed her on paid administrative leave in 2011 after player complaints and an internal audit.
- The internal audit concluded Taylor owed $4,544.44 for misuse/misallocation of university funds; Jackson State issued a notice of intent to terminate for cause and later terminated her employment, leaving ~$182,000 unpaid under the contract.
- The Clarion-Ledger obtained and Jackson State released nine pages of records (five pages about resource allocation and four pages summarizing allegations against Taylor) and published a blog post describing reasons for termination.
- Taylor sued for breach of contract, breach of implied covenant of good faith and fair dealing, invasion of privacy (public disclosure of private facts), and sex discrimination/retaliation under Title VII and Title IX.
- A jury awarded Taylor $182,000 on breach of contract, found for Jackson State on Title VII and Title IX and on the implied-covenant claim; the district court (bench) found Jackson State liable for invasion of privacy and awarded $200,000.
- On appeal, the Fifth Circuit affirmed the breach-of-contract and Title IX rulings but reversed the invasion-of-privacy judgment and directed entry of judgment for Jackson State on that claim.
Issues
| Issue | Taylor's Argument | Jackson State's Argument | Held |
|---|---|---|---|
| Whether Jackson State had "cause" to terminate (breach of contract) | Termination lacked contractual "cause," so JSU breached and must pay remaining contract value | Audit findings and player complaints established cause (misappropriation, mistreatment) | Affirmed jury verdict for Taylor: sufficient evidence supported jury finding no contractual cause |
| Whether district court’s trial conduct and instruction rulings require a new trial on contract claim | Court’s handling (allowing arbitration evidence, judge questioning witnesses) prejudiced Taylor and didn’t require reversal | Any errors were harmless; questioning was permissible and jury was instructed to disregard court impressions | No abuse of discretion; no new trial warranted |
| Whether Jackson State invaded Taylor’s privacy by releasing records (public disclosure of private facts) | Disclosed facts were private and release was highly offensive and not of legitimate public concern | Taylor was a public figure (public university head coach) and termination/reasons are legitimate public concern | Reversed: disclosures concerned legitimate public interest as a public-figure termination; privacy claim fails as a matter of law |
| Whether the district court erred by refusing Taylor’s "but-for" causation instruction on Title IX retaliation | Title IX retaliation requires but-for causation (proposed instruction) | Lowrey controls scope of Title IX retaliation; jury instruction adequately required a causal connection and limited Title IX to non-Title-VII complaints | Affirmed: district court’s instructions substantially covered causation and did not impose a heightened standard; no new trial |
Key Cases Cited
- Lowrey v. Texas A & M Univ. Sys., 117 F.3d 242 (5th Cir. 1997) (delineates scope of Title IX retaliation claims vis-à-vis Title VII)
- Kanida v. Gulf Coast Med. Pers. LP, 363 F.3d 568 (5th Cir. 2004) (standard for reviewing refusal to give a requested jury instruction)
- Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133 (U.S. 2000) (standards for JMOL review and drawing inferences for nonmoving party)
- City of San Diego v. Roe, 543 U.S. 77 (U.S. 2004) (defining public concern/news interest for First Amendment purposes)
- Franklin Collection Serv., Inc. v. Kyle, 955 So. 2d 284 (Miss. 2007) (Mississippi’s adoption/use of Restatement (Second) of Torts § 652D for private-facts claims)
- Willis v. Cleco Corp., 749 F.3d 314 (5th Cir. 2014) (requiring a causal link between protected activity and adverse employment action)