Mahaffey v. Kansas Bd. of Regents, 81-1465.

• Decision Date: 13 May 1983
• Docket Number: No. 81-1465.,81-1465.
• Parties: Ben D. MAHAFFEY, Plaintiff, v. KANSAS BOARD OF REGENTS, et al., Defendants.
• Court: U.S. District Court — District of Kansas

562 F. Supp. 887

Ben D. MAHAFFEY, Plaintiff, v. KANSAS BOARD OF REGENTS, et al., Defendants.

No. 81-1465.

United States District Court, D. Kansas.

May 13, 1983.

Peggy A. McNeive, Topeka, Kan., for plaintiff.

Richard H. Seaton, University Atty., Manhattan, Kan., for defendants.

MEMORANDUM AND ORDER

KELLY, District Judge.

Plaintiff, a faculty member at Kansas State University, claims in this lawsuit that defendants, the Kansas Board of Regents and various Kansas State University officials or faculty members, have infringed plaintiff's constitutionally guaranteed rights to freedom of speech, to due process, and to equal protection of the laws; plaintiff also asserts several pendent state law claims. The matter is now before the Court on defendants' motion for summary judgment; as explained below, that motion must be granted.

Plaintiff began teaching in the Kansas State University College of Agriculture in 1972; he was hired as an Assistant Professor in the Department of Horticulture and Forestry, and was promoted to Associate Professor in 1976, thereby acquiring academic tenure. In 1977, the College's administrative structure was reorganized, and plaintiff's teaching activities, which involved courses in the management of parks and recreation areas, were brought under the aegis of the Department of Forestry. At the time of this reorganization, plaintiff proposed that the parks and recreation area management program be accredited separately, rather than incorporated into the Forestry Department, but his views were not acceded to. In subsequent years, plaintiff continued to advocate that his program be separated from the Forestry Department; he contends that this stance earned him the enmity of certain members of the department, and that this enmity was heightened when plaintiff, ostensibly for pedagogical purposes, publicized in his classes a student paper that unflatteringly portrayed certain administrative decisions taken within the department. Plaintiff alleges that in retaliation, defendant Gallaher, Forestry Department Head, gave plaintiff an unfairly negative performance evaluation for 1978-79, which in turn led to plaintiff's receiving no salary merit increase in 1979-80. Plaintiff filed a formal grievance over the evaluation and increase with the General Faculty Grievance Board, but received no relief. In subsequent years, plaintiff maintains that defendant further harassed him by continuing to give him unfairly negative evaluations and unjustifiably small merit salary increases, by removing him from positions as department teaching program leader and Chairman of the Natural Resource Management Curriculum Committee, by reducing him from a twelve month to a nine month appointment, by moving him to a smaller office, by terminating his exclusive control over three university-owned film projectors, and by placing an unjust written reprimand in his personnel file. Plaintiff again filed formal grievances over each of these instances of alleged harassment, and did as a result receive a heightened merit salary increase for 1981-82, but his grievances were otherwise unremedied.¹

Plaintiff claims that he had constitutionally protected property interests in his administrative positions, in his salary increases, in his twelve month appointment, in his original office space, and in his control of the three film projectors. This claim must be rejected. As explained in Board of Regents v. Roth, 408 U.S. 564, 577, 92 S.Ct. 2701, 2709, 33 L.Ed.2d 548 (1972):

To have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it. He must have more than a unilateral expectation of it. He must, instead, have a legitimate claim of entitlement to it.

The nature of a protected property interest was further elucidated in Perry v. Sinderman, 408 U.S. 593, 602, 92 S.Ct. 2694, 2700, 33 L.Ed.2d 570 (1972):

A person's interest in a benefit is a "property" interest for due process purposes if there are such rules or mutually explicit understandings that support his claim of entitlement to the benefit and that he may invoke at a hearing.

Plaintiff points to no statute, rule, regulation, or contractual term that reasonably could be read as providing him with an entitlement to a twelve month contract, a given merit salary increase, specific committee assignments, an office of any certain size, or control over specified items of audio-visual equipment, and it is worth noting that the General Faculty Grievance Board expressly rejected these claims of entitlement. The Court does not mean to suggest that the findings of that body are dispositive or irrebuttable, but under Rule 56(e) of the Federal Rules of Civil Procedure, plaintiff has the burden of raising facts that would support an inference that the board's conclusion was erroneous. Plaintiff's responses, to the limited extent that they exceed the parading of his unilateral expectations before the Court, are limited to vague statements as to the nature of the job he was hired to do; he argues in his brief that "there can be no greater basis for an expectancy that a position will continue than the one the plaintiff possesses, that is, he was hired to perform the very job responsibilities of which he was later deprived." If plaintiff's argument held sway, then every public employee would have a...