Taliaferro v. Willett
Taliaferro v. Willett
Opinion of the Court
The president and the rector of Long-wood College appeal a judgment awarding Ruth S. Taliaferro substantial compensatory damages under 42 U.S.C. § 1983 because the college wrongfully required her to retire prematurely from her tenured position. The district court concluded that the officials had denied Taliaferro procedural due process. Relying on our decisions in Thomas v. Ward, 529 F.2d 916 (4th Cir. 1975), and Burt v. Board of Trustees, 521 F.2d 1201 (4th Cir. 1975), the court found Taliaferro entitled to recover five years’ back pay.
In Carey v. Piphus, 435 U.S. 247, 259-60 and n. 15, 98 S.Ct. 1042, 55 L.Ed.2d 252 (1978), decided after the district court’s judgment in this case, the Supreme Court disapproved Thomas and Burt. Carey held that, absent proof of other compensable tort injury, a plaintiff deprived of procedural due process can recover only nominal damages.
As the district court noted in its memorandum opinion, the procedures to which a tenured professor is entitled prior to termination are not the main issue in this case. Taliaferro’s claim is essentially an action for contract damages arising from the al
Consequently, the judgment of the district court is vacated, and the case is remanded with directions to dismiss for lack of a substantial federal question. We, of course, express no opinion on Taliaferro’s claim for compensatory damages. Each party shall bear its own costs.
Vacated and Remanded.
Reference
- Full Case Name
- Ruth TALIAFERRO and B. Patricia Dyson v. Henry I. WILLETT, Jr., President, Longwood College William E. Daniel, Jr., Longwood College, American Association of University Professors, Amicus Curiae
- Cited By
- 7 cases
- Status
- Published