United States Sixth Circuit
Gunasekera v. Irwin, 074303p.pdf
Dismissal of a suit under 42 U.S.C. section 1983, claiming that defendants deprived plaintiff of his property and liberty interest in a graduate faculty position at Ohio University, is reversed in part where plaintiff made an adequate allegation that: 1) he was not offered a sufficient name-clearing hearing to protect his liberty interest; and 2) he was deprived of his property interest in his Graduate Faculty status without the required notice and opportunity to be heard to withstand dismissal pursuant to Rule 12(b)(6); but affirmed in part where defendants have qualified immunity with respect to plaintiff's liberty-based damages claims.
Appellate Information
- Decided 01/08/2009
- Published 01/08/2009
Judges
Court
- United States Sixth Circuit