Buck Ryan v. David Blackwell

Summary

The Sixth Circuit affirmed dismissal of a tenured professor's § 1983 retaliation claims. The due process retaliation claim failed because the professor received all process due (faculty committee hearing) and the university's press statement was not an adverse action that would chill a person of ordinary firmness. The First Amendment retaliation claim failed because the professor's speech about his own termination was an internal personnel dispute, not a matter of public concern. Additionally, qualified immunity protected the defendants because no clearly established constitutional right was violated.

Holdings

1. The plaintiff failed to state a due process retaliation claim because he was not denied due process; the initiation of termination proceedings was the process he was entitled to, and the press statement was not an adverse action that would chill a person of ordinary firmness from asserting his rights.
2. The plaintiff failed to state a First Amendment retaliation claim because his speech was not on a matter of public concern, as it related to an internal personnel dispute rather than broader public issues.

Questions Presented

1. Whether the district court erred in dismissing the due process retaliation claim for failure to state a claim.
2. Whether the district court erred in dismissing the First Amendment retaliation claim for failure to state a claim.
3. Whether the defendants are entitled to qualified immunity.

Disposition

affirmed