POWELL v. GALLENTINE

No. 92-2185.

992 F.2d 1088 (1993)

David POWELL, Plaintiff-Appellee, v. Jerry L. GALLENTINE; Robert C. Martin; Maria Elvira Rodriguez; Richard C. Kauzlaric, Defendants-Appellants, Western New Mexico University Board of Regents, Defendant.

United States Court of Appeals, Tenth Circuit.

May 3, 1993.


Attorney(s) appearing for the Case

Anthony F. Avallone and Thomas R. Figart of Law Systems of Las Cruces, P.A., Las Cruces, NM, for plaintiff-appellee.

Frank N. Chavez and Mark S. Sweetman of Reeves, Chavez, Greenfield, Acosta & Walker, P.A., Las Cruces, NM, for defendants-appellants.

Before McKAY, Chief Judge, HOLLOWAY, and BARRETT, Circuit Judges.


McKAY, Chief Judge.

This action1 arises out of the termination in 1991 of plaintiff David Powell from his tenured faculty position at Western New Mexico University. Dr. Powell, who was also the head of the Humanities Department at the time of his discharge, asserts that he was terminated by defendants in retribution for his publication in 1990 of allegations of grade fraud concerning a class taught that year by an adjunct professor under...

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