Raymond v. Board of Regents of the University of Minnesota, No. 15-3575 (8th Cir. 2017)
Annotate this CasePlaintiff filed suit under 42 U.S.C. 1983, against Regents and the University, seeking damages and injunctive relief after he was discharged based on sexual harassment allegations. The court concluded that because plaintiff did not sufficiently plead a pre-termination procedural due process violation, exhaustion of state remedies is required to proceed on his post-termination claim; plaintiff has not sufficiently alleged that proceeding with the Office of Conflict Resolution (OCR) hearing would have been futile; and thus plaintiff's section 1983 procedural due process claims were properly dismissed. Accordingly, the court affirmed the judgment.
Court Description: Strand, Author, with Benton and Shepherd, Circuit Judges] Civil case - Civil rights. In action alleging plaintiff was deprived of liberty and property interests without due process when his employment with the University of Minnesota was terminated, the allegations of plaintiff's complaint fail to state a claim of a pre-termination due process violation and because he did not sufficiently plead such a due process violation, exhaustion of remedies is required to proceed on his post-termination claim; plaintiff failed to establish that proceeding in the post-termination process would have been futile, and his claim was properly dismissed because he failed to exhaust available state remedies. Judge Shepherd, concurring.
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