Clark v. Iowa State Univ., et al., No. 10-2908 (8th Cir. 2011)
Annotate this CaseAppellant filed a lawsuit, after she was terminated from her position as a clerk-typist at Iowa State University (University), claiming that those responsible for the termination violated her rights under federal statutes, the Due Process and Equal Protection Clauses of the Fourteenth Amendment, and Iowa law. The district court dismissed her complaint in its entirety and denied a motion to alter or amend the judgment. Appellant appealed the dismissal of her due process claim, the denial of her post-judgment motion, and the dismissal of the state-law claims. The court affirmed the dismissal of appellant's "freestanding" due process claim for failure to state a claim on which relief could be granted. The court also held that the district court did not abuse its discretion by denying appellant's post-judgment motion. The court held, however, that the state law claim against the president of the University and appellant's supervisor, in their individual capacities, must be remanded for further proceedings because the court had no basis to say how the district court would have exercised its discretion under 28 U.S.C. 1367 if the district court believed that it had authority to do so. Accordingly, the judgment of the district court was affirmed in part and denied in part.
Court Description: Civil case - Employment discrimination. District court did not err in dismissing plaintiff's "freestanding" due process claim or in denying her post-trial motion; however, the court erred in dismissing her state-law wrongful discharge claims against defendants Geoffroy and Callahan in their individual capacities. Judge Loken, concurring.
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