Stevens

Stevens v. Perry

Good Law
11 F. App'x 704
United States Court of Appeals for the Ninth CircuitDecember 12, 2000No. 99-16500; D.C. No. CV-97-00101-HDM/RAMCalifornia338 words

Opinion

Lead Opinion

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- *705 signed. Furthermore, liability under § 1983 must be based on the personal involvement of the defendant, or on a sufficient causal connection between the supervisor’s…

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