FOLEY v. UNIVERSITY OF HOUSTON SYSTEM

No. 01-41485.

324 F.3d 310 (2003)

Roy FOLEY, etc.; et al., Plaintiffs, Roy Foley, Doctor; and Nora Hutto, Doctor, Plaintiffs-Appellees, v. UNIVERSITY OF HOUSTON SYSTEM; et al., Defendants, Cheryl Hines, Individually and in her official capacity as Chair of the Division of Education at University of Houston Victoria; Diane Prince, Individually and in her official capacity as Dean/Chair of the Division of Education at University of Houston Victoria; Paul Carlson, Individually and in his official capacity as Professor in the Division of Education at University of Houston Victoria; Karen Haynes, Individually and in her official capacity as President of University of Houston Victoria; and Don Smith, Individually and in his official capacity as Provost of University of Houston Victoria, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

March 6, 2003.


Attorney(s) appearing for the Case

Walter J. Kronzer, III (argued), Houston, TX, Laurence W. Watts, Watts & Associates, Missouri City, TX, for Plaintiffs-Appellees.

Lydia Kimble-Wright (argued), Austin, TX, for Defendants-Appellants.

Before EMILIO M. GARZA and CLEMENT, Circuit Judges, and HUDSPETH, District Judge.


HUDSPETH, District Judge:

In this interlocutory appeal, the Appellants request reversal of a district court decision rejecting their claims to qualified immunity. In reaching a decision, we are required to determine the availability of a retaliation cause of action under 42 U.S.C. § 1981, the applicability of the defense of qualified immunity to such a claim, and whether the Appellees are entitled to that defense under the facts as determined by the district...

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