June 20th, 2017
US Court of Appeals for the Fifth Circuit Opinions
Edionwe v. Bailey
Opinion Date: June 19, 2017
Judge: Edith Brown Clement
Areas of Law: Civil Rights, Constitutional Law, Education Law, Labor & Employment Law
Plaintiff filed a wrongful termination suit under 42 U.S.C. 1983 and 1988, alleging violations of procedural and substantive due process stemming from legislation that abolished the University of Texas-Pan American (UTPA) and the University of Texas at Brownsville (UTB). The Fifth Circuit affirmed the district court's grant of defendants' motion for judgment on the pleadings with respect to plaintiff's section 1983 claims because plaintiff failed to demonstrate that he had a constitutionally protected interest in employment or tenure at UTRGV or the UT System at large. The court explained that plaintiff's protected property interests were limited to an interest in continuing appointment at the institution that granted him tenure, UTPA, an interest which terminated when the university was abolished. Furthermore, the court denied by implication plaintiff's motion for leave to amend pleadings, and denied plaintiff's motion to alter or amend the judgment. The court also declined to exercise jurisdiction over and dismissed plaintiff's declaratory judgment claim.
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