272 So. 3d 84
La. Ct. App.2019Background
- Pemella Williams was a tenured Department Head and nursing instructor at Acadiana Technical College (ATC); ATC was under the Board of Supervisors of the Louisiana Community and Technical College Systems.
- In May 2011 Williams failed to inform nursing students of a new FBI background-check requirement; students were later barred from the licensing exam, prompting complaints and legal concerns.
- On July 11, 2011 Williams received a termination letter (stating immediate termination but continuing pay/benefits through July 29); she and Regional Director Phyllis Dupuis had prior meetings about the incident.
- After counsel advised that formal termination procedures had not been followed, ATC rescinded the immediate-effect termination and indicated it would conduct formal proceedings; Williams was placed on paid administrative leave and then executed retirement paperwork, selecting a retirement date.
- Williams sued after retirement claiming a procedural due process violation; the trial court granted her partial summary judgment on the due process claim and denied defendants’ summary judgment and Dupuis’s qualified immunity; the defendants appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Williams was deprived of procedural due process when she was never actually terminated | Williams says she was constructively deprived of her property interest because she received a termination notice without adequate pre-termination process | Defendants say she was never terminated (rescission, paid leave) and no deprivation occurred | Issue of deprivation is factual; not appropriate for summary judgment — reversal of plaintiff’s summary judgment and remand for trial |
| Whether Williams voluntarily waived due process by choosing to retire | Williams contends the retirement was coerced/forced because her only realistic options were termination or retirement | Defendants contend retirement was voluntary (she had alternatives, understood choice, selected date, and had been preparing for retirement via DROP) | Voluntariness is a factual question (factors such as alternatives, understanding, time to decide, and ability to pick date create genuine issues) |
| Whether pre-termination process was constitutionally sufficient (i.e., notice and opportunity to respond) | Williams argues she lacked an adequate opportunity to respond prior to the termination notice | Defendants assert meetings with Dupuis in May–June satisfied notice/response requirements and ATC was prepared to hold a formal hearing if needed | Whether meetings satisfied Loudermill notice/response is disputed; material factual issues preclude summary judgment |
| Whether Dupuis is entitled to qualified immunity for actions leading to Williams’s end of employment | Williams argues Dupuis should not get immunity because the procedural due process rights of tenured faculty were clearly established | Dupuis argues she acted reasonably, sought advice from counsel and HR, and lacked plain notice her actions were unlawful | Court finds Dupuis entitled to qualified immunity because her actions were objectively reasonable given consultation with counsel and HR; trial-court denial reversed |
Key Cases Cited
- LaPointe v. Vermilion Parish School Board, 173 So.3d 1152 (La. 2015) (teacher tenure creates property interest requiring due process)
- Cleveland Board of Education v. Loudermill, 470 U.S. 532 (U.S. 1985) (pre-termination process requires notice and opportunity to respond)
- Harlow v. Fitzgerald, 457 U.S. 800 (U.S. 1982) (objective reasonableness standard for qualified immunity)
- Moresi v. Department of Wildlife and Fisheries, 567 So.2d 1081 (La. 1990) (two-part Louisiana qualified immunity test interpreting Harlow)
- Russell v. Mosquito Control Board, 941 So.2d 634 (La.App. 4 Cir. 2006) (voluntariness factors for retirement/resignation avoiding termination)
- Menard v. City of Lafayette, 786 So.2d 354 (La.App. 3 Cir. 2001) (summary judgment standard and construing inferences for opposing party)
- Richard v. Board of Supervisors of Louisiana State University & A & M College, 960 So.2d 953 (La.App. 1 Cir. 2007) (qualified immunity analysis in employment context)
- Lange v. Orleans Levee District, 56 So.3d 925 (La. 2010) (due process inquiry varies with circumstance)
- Tepper v. Red River Academy, 157 So.3d 1142 (La.App. 3 Cir. 2015) (weighing facts is improper on summary judgment)