Stevens v. Perry
Opinion of the Court
MEMORANDUM
Plaintiff-Appellant Sherry Stevens appeals the district court’s grant of summary judgment in favor of Defendant-Appellee Jean Perry, Dean of the University of Nevada College of Human and Community Science, on her complaint brought under 42 U.S.C. § 1983 and Title VII. On appeal, Stevens alleges she was terminated from her job at the College under the guise of a resignation as a means to deprive her of due process. She seeks both damages and reinstatement to her position, as well as back pay. We affirm the district court’s decision in favor of Perry.
Stevens’ counsel conceded at oral argument that Perry is entitled to qualified immunity on the damages claim. Therefore, we consider only the claim for reinstatement and back pay.
There is no genuine issue of material fact as to whether Stevens was terminated by Perry. The code on her Personnel/Payroll Action Form indicated a resignation, and Stevens waited two years to contend that she had been terminated without a hearing, rather than had re-
The judgment of the district court is AFFIRMED.
. This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Reference
- Full Case Name
- Sherry STEVENS v. Jean PERRY, an individual in her official capacity as Dean
- Status
- Published