ADAMS v. TRUSTEES OF THE UNIV. OF N.C.-WILMINGTON

No. 10-1413.

640 F.3d 550 (2011)

Michael S. ADAMS, Plaintiff-Appellant, v. The TRUSTEES OF THE UNIVERSITY OF NORTH CAROLINA-WILMINGTON; M. Terry Coffey; Jeff D. Etheridge, Jr.; Charles D. Evans; Lee Brewer Garrett; John A. McNeill, Jr.; Wendy F. Murphy; Linda A. Pearce; R. Allen Rippy, Sr.; George M. Teague; Krista S. Tillman; Dennis T. Worley; Katherine L. Gurgainus, all in their individual and official capacities; Rosemary DePaolo, individually and in her official capacity as Chancellor of the University of North Carolina-Wilmington; David P. Cordle, individually and in his official capacity as Dean of the College of Arts and Sciences at the University of North Carolina-Wilmington; Kimberly J. Cook, individually and in her official capacity as Chair of the Department of Sociology and Criminal Justice at the University of North Carolina-Wilmington; Diane Levy, individually and in her official capacity as former interim Chair of the Department of Criminology and Sociology at the University of North Carolina-Wilmington, Defendants-Appellees. American Association of University Professors; Thomas Jefferson Center for the Protection of Free Expression; Foundation for Individual Rights in Education, Amici Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: April 6, 2011.


Attorney(s) appearing for the Case

ARGUED: David Austin French , Alliance Defense Fund, Columbia, Tennessee, for Appellant. Thomas J. Ziko , North Carolina Department of Justice, Raleigh, North Carolina, for Appellees. ON BRIEF: Joseph J. Martins , Travis C. Barham , Alliance Defense Fund, Columbia, Tennessee; Robert M. Schmidt , Patrick Henry Justice Center, Laurinburg, North Carolina, for Appellant. Roy Cooper , North Carolina Attorney General, John P. Scherer II , Assistant Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellees. Martha S. West , General Counsel, Rachel Levinson , American Association of University Professors, Washington, D.C.; Robert M. O'Neil , J. Joshua Wheeler , The Thomas Jefferson Center for the Protection of Free Expression, Charlottesville, Virginia, for Amici Supporting Appellant.

Affirmed in part, reversed in part, and remanded by published opinion. Judge AGEE wrote the opinion, in which Chief Judge TRAXLER and Judge NIEMEYER joined.


OPINION

AGEE, Circuit Judge:

Michael S. Adams appeals from the judgment of the District Court for the Eastern District of North Carolina awarding summary judgment to the sixteen defendants (collectively "Defendants"), each of whom is affiliated with Adams' employer, the University of North Carolina-Wilmington ("UNCW" or "the University").1 Adams brought three claims against the Defendants alleging religious and speech-based discrimination...

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