(Download) "Brown v. Armenti" by Third Circuit U.S. Court Of Appeals ~ eBook PDF Kindle ePub Free
eBook details
- Title: Brown v. Armenti
- Author : Third Circuit U.S. Court Of Appeals
- Release Date : January 17, 2001
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Argued March 12, 2001 Filed: April 17, 2001 OPINION OF THE COURT In this interlocutory appeal, the defendant appeals the District Court's denial of a motion for summary judgment in a section 1983 action where the defendant asserted the defense of qualified immunity. What is unusual her e is the setting -- a public university. In an amended complaint, a tenured professor alleged that he was suspended from teaching a class after he refused the university president's instruction to change a student's grade and that he was discharged after submitting a written criticism of the president to be presented to the university board of trustees. According to the complaint, these wer e acts of retaliation which violated the professor's rights to academic freedom and free speech protected by the First Amendment. We conclude that the amended complaint did not allege deprivations of constitutional rights and that summary judgment should have been granted. We ther efore will reverse the portion of the District Court's judgment that dealt with these issues and remand for the District Court to enter summary judgment for the defendant university president. When an appellate court reviews the denial of a defendant's claim to qualified immunity, ""the appealable issue is a purely legal one: whether the facts alleged . . . support a claim of violation of clearly established law."" Mitchell v. Forsyth, 472 U.S. 511, 528 n.9 (1985).1 Resolving the legal issues, however, requir es ""consideration of the factual allegations that make up the plaintif f 's claim for relief."" Id at 528. For this r eason, we present the facts as they have been alleged by the plaintiff and do not concern ourselves with weighing the correctness of the plaintiff 's version. Id. Our review is plenary. Abbott v. Latshaw, 164 F.3d 141, 145 (3d Cir. 1998).
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