Singh v. Cordle, No. 17-3230 (10th Cir. 2019)Annotate this Case
Beginning in 2009, Plaintiff Rajesh Singh worked as an untenured professor in the School of Library and Information Management (SLIM) at Emporia State University (ESU). He was informed in February 2014 that his annual contract would not be renewed. He sued ESU and various administrators in their individual capacities, asserting several retaliation and discrimination claims under Title VII of the Civil Rights Act of 1964; the Kansas Act Against Discrimination (KAAD); and the Civil Rights Act of 1871. The district court granted summary judgment for Defendants on every claim except one: a First Amendment retaliation claim under section 1983 against Provost David Cordle. Provost Cordle appealed the denial of summary judgment on the ground that he was entitled to qualified immunity. The district court then certified as final under Fed. R. Civ. P. 54(b) its order granting summary judgment on all other claims, and Plaintiff filed a cross-appeal, challenging the grant of summary judgment on Plaintiff’s claims: (1) ESU and the individual Defendants discriminated against him by not renewing his contract; and (2) ESU and the individual Defendants retaliated against him for filing discrimination complaints with ESU’s human resources department and the Kansas Human Rights Commission (KHRC). The Tenth Circuit found the claims against ESU were brought under Title VII and the KAAD, and the claims against the individual Defendants were brought under section 1983. The Court reversed the district court’s denial of summary judgment for Provost Cordle and affirmed grants of summary judgment on the remaining claims. Cordle was entitled to qualified immunity because he could have reasonably believed that the speech for which he allegedly punished Plaintiff was not on a matter of public concern. As for the discrimination claims, the district court properly granted summary judgment because Plaintiff did not establish a genuine issue of fact that ESU’s given reason for his nonrenewal, that he was noncollegial, was pretextual. “Although Plaintiff contends that these discrimination claims survive under the cat’s-paw theory of liability, he does not provide adequate evidence that the allegedly biased supervisor - his school’s dean - proximately caused the ultimate nonrenewal decision.” The Court affirmed summary judgment on Plaintiff’s retaliation claims because he failed to present adequate evidence that the ESU employees who allegedly retaliated against him knew that he had filed formal discrimination complaints.