KAPLAN v. UNIVERSITY OF LOUISVILLE

No. 20-5965.

10 F.4th 569 (2021)

Henry J. KAPLAN, M.D., Plaintiff-Appellant, v. UNIVERSITY OF LOUISVILLE; Toni M. Ganzel, M.D.; Ronald I. Paul, M.D.; Gregory C. Postel, M.D., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 18, 2021.


Attorney(s) appearing for the Case

ARGUED: Kevin L. Chlarson , MIDDLETON REUTLINGER, Louisville, Kentucky, for Appellant. Matthew Barszcz , DINSMORE & SHOHL LLP, Louisville, Kentucky, for Appellees. ON BRIEF: Kevin L. Chlarson , Dennis D. Murrell , Christopher K. Stewart , MIDDLETON REUTLINGER, Louisville, Kentucky, for Appellant. Matthew Barszcz , Donna King Perry , Jeremy S. Rogers , Chase M. Cunningham , DINSMORE & SHOHL LLP, Louisville, Kentucky, for Appellees.

Before: STRANCH, LARSEN, and NALBANDIAN, Circuit Judges.


OPINION

This appeal concerns the University of Louisville's ("UofL")1 decision to suspend, and eventually to fire, Dr. Henry J. Kaplan. Kaplan served as both a tenured professor and the Chair of UofL's Department of Ophthalmology and Visual Sciences ("DOVS"). In October 2018, UofL...

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