Miller v. Sam Houston State University, No. 19-20752 (5th Cir. 2021)
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Plaintiff filed suit against SHSU and TSUS under Title VII of the Civil Rights Act of 1964 and the Equal Pay Act, alleging sex discrimination, retaliation, and a hostile work environment. Plaintiff then filed a separate action against UHD and UHS under Title VII, alleging that UHD's denial of employment constituted retaliation.
The Fifth Circuit reversed the district court's dismissal of all of plaintiff's claims and remanded, directing that plaintiff's cases be reassigned to a new district judge for further proceedings. The court noted that a litigant has the fundamental right to fairness in every proceeding; fairness is upheld by avoiding even the appearance of partiality; and when a judge's actions stand at odds with these basic notions, the court must act or suffer the loss of public confidence in our judicial system. In this case, the court concluded that the district court erred in its sua sponte dismissal of TSUS and UHS where the district court failed to give plaintiff an adequate opportunity to respond before it dismissed her claims against TSUS and UHS with prejudice. Furthermore, it follows that the district court likewise erred when it denied plaintiff's motion for reconsideration. The court also concluded that the district court abused its discretion by repeatedly denying plaintiff's requests for discovery, including her requests to depose witnesses with knowledge material to her claims.
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