Wagner v. Jones

Filing 52

ORDER denying 47 Motion to Alter Judgment. Signed by Senior Judge Charles R. Wolle on 6/8/2010. (alb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF IOWA
DAVENPORT DIVISION
TERESA R. WAGNER,
Plaintiff,
No. 3-09-cv-10-CRW-TJS
vs.
ORDER
CAROLYN JONES, Dean
Iowa College of Law
(in her official and individual capacities),
Defendant.
The court has examined carefully the many arguments plaintiff asserts in her
resisted motion to alter or amend judgment. No arguments are new, though most are phrased in
somewhat different and very strong language.
Contrary to plaintiff’s primary contention, the court did not go beyond
determining that defendant Jones was entitled to qualified immunity. The court limited itself to
the evidence in the record and the sole question presented: did she act in conformity with what a
reasonable official in her position would believe was constitutionally permissible when she
accepted the faculty recommendation not to hire Wagner. In so acting, defendant Jones violated
no clearly established constitutional legal principle.
The court denies the plaintiff’s motion to alter or amend for the reasons set forth
in the court’s March 30 Order granting defendant’s motion for summary judgment based on
qualified immunity.
IT IS SO ORDERED.
Dated this 8th day of June, 2010.