Savage v. Gee, No. 10-3839 (6th Cir. 2012)Annotate this Case
Plaintiff, Head of Reference and Library Instruction at a state university 2004-2007, was part of a committee to choose a book that would be assigned to all freshmen. He recommended a book that contains a chapter describing homosexuality as aberrant human behavior. An ensuing controversy, which came to the attention of the entire faculty, resulted in cross-claims of harassment. The charges against plaintiff were dismissed, but he took a leave of absence based on extreme emotional distress then filed law suits. He subsequently resigned. The district court rejected this suit, filed under 42 U.S.C. 1983, 1985, and 1986. The Sixth Circuit affirmed. federal damages claims against state officials were barred because they were based on the same acts or omissions previously raised in the Court of Claims. There was no adverse employment action to support a First Amendment retaliation claim. There was no evidence of intolerable conditions or that the university intended that he resign to establish constructive discharge. Plaintiff lacked standing to challenge the university's sexual harassment policy.