Adams v. Trustees UNC Wilmington, et al. - National Association of ...

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C. Plaintiff's § 1983 Equal Protection ClaimPlaintiff alleges that defendants treated him differentlythan similarly situated professors due to his speech and hisChristianity. "To succeed on an equal protection claim, aplaintiff must first demonstrate that he has been treateddifferently from others with whom he is similarly situated andthat the unequal treatment wasthe result of intentional orpurposeful discrimination."City of Cleburne v. Cleburne LivingCtr., Inc., 473 U.S. 432, 439-40 (1985).Plaintiff has broughtforth no evidence that any action by any defendant was based onplaintiff's Christian beliefs.Plaintiff has also not forecastevidence that any named defendant treated him differently than asimilarly situated professor on any other basis. Regarding thepromotion decision,the court reiterates its reluctance, andthat of the Fourth Circuit, to interfere with the "subjectiveand scholarly judgments" involved in tenure and promotiondecisions. Smith, 632 F.2d at 345-47. Plaintiff would have thecourt revisit not just his promotion decision but those ofcomparator faculty members as well, contrasting numbers ofpublications and the like.Promotion and tenure decisions are,at bottom, individualized determinations not readily susceptibleto the type of comparison plaintiff would have the court do.The court grants summary judgment in favor of defendants onplaintiff's equal protection claim.38Case 7:07-cv-00064-H Document 146 Filed 03/15/2010 Page 38 of 39
CONCLUSIONFor the foregoing reasons, defendants' motion for summaryjudgment is GRANTED.The clerk is directed to close the case.,~nThis _I_v__ day of March 2010.At Greenville, NC#3039Case 7:07-cv-00064-H Document 146 Filed 03/15/2010 Page 39 of 39
Page 1 and 2: IN THE UNITED STATES DISTRICT COURT
Page 3 and 4: against defendants in their officia
Page 5 and 6: The university undertook considerab
Page 7 and 8: their hope that the column and the
Page 9 and 10: Research: Plaintiff had one article
Page 11 and 12: on transphobic views to students."
Page 13 and 14: at large." (Id. ) For promotion to
Page 15 and 16: Defendant Cook was required to deci
Page 17 and 18: presentations. Levy also had proble
Page 19 and 20: Dr. Gary Faulkner ("Faulkner") comp
Page 21 and 22: faculty voted on plaintiff's applic
Page 23 and 24: On September 29, 2006, Cook sent an
Page 25 and 26: In making this determination, the c
Page 27 and 28: To prove his Title VII claim, plain
Page 29 and 30: or passed over for a promotion in f
Page 31 and 32: comparison of records to support a
Page 33 and 34: 1985) . Here, however, plaintiff's
Page 35 and 36: professional duties, plaintiff's in
Page 37: support plaintiff's contention that

Adams v. Trustees UNC Wilmington, et al. - National Association of ...

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