Inman v. Thawley

Summary

The Ninth Circuit affirmed summary judgment for the defendants in an action involving defamation, First Amendment retaliation, and due process claims by a public employee. The court held that the Nevada System of Higher Education was immune under the Eleventh Amendment, while the individual-capacity claims were not barred on that basis. It concluded that the plaintiff failed to establish defamation, an adverse employment action supporting retaliation, or a due process violation because Nevada law provided a post-termination hearing.

Holdings

1. The Nevada System of Higher Education is immune from suit under the Eleventh Amendment.
2. The claims against Thawley and Lilley in their individual capacities were not barred by the asserted immunity.
3. Inman's defamation claim failed because the performance-evaluation statements expressed opinions rather than facts, and the media statements were not false, defamatory, or specifically about Inman.
4. Inman's First Amendment retaliation claim failed because he did not show an adverse employment action.
5. The defamation-plus claim failed because Inman failed to establish either a successful defamation claim or a successful First Amendment claim.
6. Inman's due process claim failed because Nevada law afforded public employees a post-termination hearing rather than a pre-termination hearing.

Questions Presented

1. Whether the Nevada System of Higher Education was immune from suit under the Eleventh Amendment.
2. Whether the claims against David Thawley and John Lilley in their individual capacities were barred.
3. Whether statements in Inman's performance evaluations and media publications supported a defamation claim.
4. Whether Inman established an adverse employment action sufficient for a First Amendment retaliation claim.
5. Whether Inman's defamation-plus claim could proceed when the underlying defamation and First Amendment claims failed.
6. Whether Nevada law required a pre-termination hearing in addition to a post-termination hearing.

Disposition

affirmed