FLOYD-GIMON v. UNIV. OF ARK. FOR MEDICAL SCIENCES

No. 12-1797.

716 F.3d 1141 (2013)

Donna FLOYD-GIMON, Plaintiff-Appellant v. UNIVERSITY OF ARKANSAS FOR MEDICAL SCIENCES, by and through The BOARD OF TRUSTEES OF the UNIVERSITY OF ARKANSAS; John Ed Anthony, in his official capacity as a member of the Board of Trustees of the University of Arkansas; Carl Johnson, in his official capacity as a member of the Board of Trustees of the University of Arkansas; Jane Rogers, in her official capacity as a member of the Board of Trustees of the University of Arkansas; Sam Hilburn, in his official capacity as a member of the Board of Trustees of the University of Arkansas; Mike Akin, in his official capacity as a member of the Board of Trustees of the University of Arkansas; Jim Von Gremp, in his official capacity as a member of the Board of Trustees of the University of Arkansas; John Tyson, in his official capacity as a member of the Board of Trustees of the University of Arkansas; Ben Hyneman, in his official capacity as a member of the Board of Trustees of the University of Arkansas; David Pryor, in his official capacity as a member of the Board of Trustees of the University of Arkansas; Mark Waldrip, in his official capacity as a member of the Board of Trustees of the University of Arkansas; Mary Helen Forest, in her personal capacity; Charles White, in his personal capacity; R.T. Fendley, in his personal capacity; Richard Pierson, in his official and personal capacity, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: June 18, 2013.


Attorney(s) appearing for the Case

Luther Oneal Sutter , argued, Benton, AR, Matthew Reid Krell , on the brief, Horn Lake, MS, for appellant.

Matthew Blayne McCoy , argued, Mark Arnold Hagemeier , on the brief, Little Rock, AR, for appellee.

Before RILEY, Chief Judge, WOLLMAN and GRUENDER, Circuit Judges.


RILEY, Chief Judge.

On May 9, 2008, the University of Arkansas for Medical Sciences (UAMS) terminated Donna Floyd-Gimon's employment based on gross misconduct. Floyd-Gimon sued UAMS, through its Board of Trustees; the trustees in their official capacity; Mary Helen Forrest, Charles White, and R.T. Fendley, each in their personal capacity; and Richard Pierson, in his official and personal capacities (collectively, defendants) under 42 U.S.C. § 1983, alleging,...

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