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MILLER v. SAM HOUSTON STATE UNIVERSITY

No. 19-20752 consolidated with No. 19-20753.

986 F.3d 880 (2021)

Audrey K. MILLER, Plaintiff-Appellant, v. SAM HOUSTON STATE UNIVERSITY; Texas State University System, Defendants-Appellees, Audrey K. Miller, Plaintiff-Appellant, v. University of Houston System; University of Houston Downtown, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED January 29, 2021.

Attorney(s) appearing for the Case

Terrence Bouvier Robinson, Esq. , TB Robinson Law Group, Houston, TX, for Plaintiff-Appellant.

Matthew Allen Deal , Assistant Attorney General, Benjamin Lindberg Dower , Office of the Attorney General, General Litigation Division, Francesca Andrea Di Troia , Office of the Attorney General for the State of Texas, Tort Litigation Division, Austin, TX, for Defendants-Appellees.

Before Jolly, Southwick, and Wilson, Circuit Judges.

A litigant has the fundamental right to fairness in every proceeding. Fairness is upheld by avoiding even the appearance of partiality. See, e.g., Marshall v. Jerrico, Inc., 446 U.S. 238, 242, 100 S.Ct. 1610, 64 L.Ed.2d 182 (1980). When a judge's actions stand at odds with these...

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