Sixth Circuit: Henry Kaplan v. Univ. of Louisville

 

Ex Parte Young isn't available as an exception to the state university's sovereign immunity, as the university is not a state official, and administrators are being sued in their personal capacities here.

Absent statute or contract, there is no property interest in the appointment to department chair if  that chair does not itself lead to a form of tenure.

A dismissed professor can have received adequate due process even if the reviewing committee declined to recommend dismissal.

Placement on paid leave prior to dismissal proceedings was not a deprivaiton of due process, given the evidence in the record and the sufficiency of the proceedings.

Plaintiff must have exhausted 14A liberty interest claim in reputation by requesting a name-clearign hearing; the university was under no obligation to provide for it in its procedures, its refusal to toll the statute of limitations for the present suit did not preclude a paralell proceeding, and the present suit is not a sufficient proxy.


https://www.opn.ca6.uscourts.gov/opinions.pdf/21a0187p-06.pdf