United States Fifth Circuit

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Depree v. Saunders, 08-60978

In a First Amendment action by a state university professor alleging that defendants deprived plaintiff of his ability to teach because he criticized the university, summary judgment for defendants is affirmed in part where: 1) no clearly established law dictated that a university official sued in her individual capacity could not impose discipline on plaintiff; and 2) plaintiff failed to identify a cognizable property right for due process purposes. However, the order is reversed in part where plaintiff's claim against university administrators in their official capacities could yield prospective injunctive relief.

Appellate Information

  • Decided 11/13/2009
  • Published 11/13/2009


  • EDITH H. JONES, Chief Judge:, Before JONES, Chief Judge, and HIGGINBOTHAM and HAYNES, Circuit Judges.


  • United States Fifth Circuit


  • For Appellant:
  • Stanton J. Fountain, Jr., Biloxi, MS, Cyrus Clifford Barger, Rebecca Kathryn Jude (argued), Jude & Jude, Hattiesburg, MS, for DePree.

  • For Appellees:
  • John Simeon Hooks, Adams & Reese, L.L.P., Jackson, MS, Mary Ann Connell, Mayo Mallette, PLLC, Oxford, MS, Lee Partee Gore (argued), University of Southern Mississippi, Hattiesburg, MS, for Defendants-Appellees.