Legal Opinion

Whiting v. University of Southern Mississippi

Court of Appeals for the Fifth Circuit

Decided June 2, 2006No. 04-60956PublishedCited by 47 opinions

1Opinion of the Court

DENNIS, Circuit Judge:

Dr. Melissa Whiting was a non-tenured professor at the University of Southern Mississippi (“USM”), whose annual evaluations and third-year review were consistently excellent. Nonetheless, she was denied tenure and promotion at the end of her sixth year at USM after participating in the tenure application process laid out in the Faculty Handbook. Dr. Whiting alleges that the denial arose from ill will between her and her department chair, Dr. Thames, the daughter of the USM president. Accordingly, Dr. Whiting sued on several constitutional claims under 42 U.S.C. § 1983…

2Cases cited33 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
  3. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  4. Carnegie-Mellon University v. CohillSupreme Court of the United States · 1988
  5. Perry v. SindermannSupreme Court of the United States · 1972

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3Cited by47 opinions

  1. David Wilson v. Gerald BirnbergCourt of Appeals for the Fifth Circuit · 2012
  2. Amanda Culbertson v. Pat LykosCourt of Appeals for the Fifth Circuit · 2015
  3. Maloney Gaming Management, L.L.C. v. St. Tammany ParishCourt of Appeals for the Fifth Circuit · 2011
  4. David Sims v. City of MadisonvilleCourt of Appeals for the Fifth Circuit · 2018
  5. Lindquist v. City of Pasadena TexasCourt of Appeals for the Fifth Circuit · 2012

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