Gentilello v. Rege, No. 09-11216 - U.S. Fifth Circuit
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Gentilello v. Rege, No. 09-11216

Action Alleging Wrongful Demotion of Professor

In Gentilello v. Rege, No. 09-11216, an action by a tenured professor at the University of Texas Southwestern Medical Center against his supervisors under 42 U.S.C. section 1983, alleging that he was wrongfully demoted without due process of law in violation of the Fourteenth Amendment, the court affirmed judgment on the pleadings for defendants where the due process clause does not protect plaintiff's specific job duties or responsibilities absent a statute, rule, or express agreement reflecting an understanding that he had a unique property interest in those duties or responsibilities.

 

As the court wrote:  "Larry M. Gentilello, M.D., a tenured professor at the University of Texas
Southwestern Medical Center, brought suit under 42 U.S.C. § 1983 against his supervisors, alleging that he was wrongfully demoted without due process of law in violation of the Fourteenth Amendment. The district court granted the Defendants' motion for judgment on the pleadings and denied Gentilello leave to file an amended or supplemental complaint."

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