Richard K. Hillis, Cross-Appellant v. Stephen F. Austin State University, Cross-Appellees

CHARLES CLARK, Circuit Judge:

The defendants in this section 1983 action, Stephen F. Austin University (SFA) and Dr. Creighton Delaney, appeal the district court’s decision, 486 F.Supp. 663 (E.D. Tex.1980), concerning the non-renewal of employment of Richard Hillis, a nontenured art professor. The district court found that Hillis’ nonrenewal was constitutionally impermissible and ordered reinstatement with backpay against SFA and Delaney jointly and severally. Because the court was clearly erroneous in its factual first amendment findings under Mt. Healthy City School District v. Doyle, 429…