Inman v. Thawley
Inman v. Thawley
Opinion of the Court
MEMORANDUM
Plaintiff John W. Inman appeals the summary judgment entered in favor of Defendants University and Community College System of Nevada, now known as the Nevada System of Higher Education, David Thawley, and John Lilley. We affirm.
The Nevada System of Higher Education is immune from suit under the Eleventh Amendment. Disabled Rights Action Comm. v. Las Vegas Events, Inc., 375 F.3d 861, 883 n. 17 (9th Cir. 2004). The claims against Defendants Thawley and Lilley in their individual capacities, however, are not barred. Cerrato v. S.F. Cmty. Coll. Dist., 26 F.3d 968, 973 (9th Cir. 1994).
Plaintiffs defamation claim fails. The statements in Plaintiffs performance evaluations expressed opinions, not facts, and therefore do not give rise to a defamation claim. Nev. Indep. Broad. Corp. v. Allen, 99 Nev. 404, 664 P.2d 337, 341 (1983). The statements made in media publications were not false, were not defamatory, and did not concern Plaintiff specifically. These statements thus fail to meet the criteria for defamation established in Simpson v. Mars Inc., 113 Nev. 188, 929 P.2d 966, 967 (1997).
Finally, Plaintiffs due process claim fails because Nevada law affords public employees a post-termination hearing, not a pre-termination hearing. Nev. Rev.Stat. § 284.390(1).
AFFIRMED.
This disposition is not appropriate for publication and is not except as provided by 9th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.