Robin K. Magee, Plaintiff - Appellant
Hamline University; Donald Lewis; Jon Doe; Jane Roe; Trustees of the Hamline University, Minnesota, Defendants - Appellee
Submitted December 11, 2014.
Appeal from United States District Court for the District of Minnesota - Minneapolis.
Robin K. Magee, Plaintiff - Appellant, Pro se, Saint Paul, MN.
For Hamline University, Donald Lewis, Trustees of the Hamline University, Minnesota, Defendants - Appellees: Vincent John Ella, JACKSON & LEWIS, Minneapolis, MN; Maurice Gerod Jenkins, JACKSON & LEWIS, Southfield, MI.
Before LOKEN, BRIGHT, and KELLY, Circuit Judges.
Robin Magee appeals the district court's dismissal of her claim under 42 U.S.C. § 1981
against Hamline University and Dean Donald Lewis arising from her termination as a professor at Hamline University School of Law. The district court dismissed Magee's § 1981 claim on the ground that it was barred by the doctrine of res judicata. We agree and therefore affirm.
In 1990, Magee was hired as a professor at Hamline University School of Law in St. Paul, Minnesota. She became tenured in 1994. In September 2009, Magee was charged with various felony state tax violations. While her case was pending, Hamline placed her on a leave of absence and relieved her of teaching responsibilities. In February 2011, a jury found Magee guilty of four misdemeanor counts of failure to file state tax returns. The convictions were upheld on appeal. See State v. Magee, 2012 WL 1253071, at *1 (Minn. Ct. App. Apr. 16, 2012).
In April 2011, Magee filed an action pursuant to 42 U.S.C. § 1983 (hereinafter " Magee I " ) against Donald Lewis, then Dean of Hamline University School of Law; the Trustees of Hamline University; and David Titus, a police officer with the City of St. Paul. Magee alleged that these defendants had " worked in concert" to terminate her from her position at Hamline in violation of her constitutional rights. Magee also brought claims for intentional interference with employment contract against Lewis and breach of employment contract against Hamline.
In May 2011, Dean Lewis issued charges to remove Magee as a faculty member. Magee invoked her right to a hearing and a faculty committee ultimately voted in favor of discharge. Magee was terminated on July 21, 2011.
In April 2012, Titus and Hamline moved to dismiss Magee's § 1983 claim with prejudice. The district court granted the motion with respect to all defendants. The court further declined to exercise supplemental jurisdiction over Magee's two remaining state law claims. We affirmed the dismissal ...