Where a university faculty member’s contract required the completion of a doctorate by a time certain her failure to obtain it rendered her unqualified for the position, even though she encountered challenging medical conditions.
In requiring the employee to produce evidence of disparate treatment as to those similarly situated, the trial Court did not act unreasonably in defining similarly situated as 1) employed by the same college within the university, 2) full-time, tenure track faculty like plaintiff, and 3) having a similar contractual requirement of obtaining a terminal degree in their field.
Where a faculty member’s contract required her to obtain a doctorate in her field she was not qualified for the position when she failed to comply even though a medical condition prevented her from complying.
Civil Rights - 1983 - Medical Care Spears v. Ruth , --- F.3d --- (6th Cir. December 10, 2009)
A pre-trial detainee has a right under the Fourteenth Amendment to adequate medical treatment. In order to recover, a claimant must show an objective sufficiently serious medical need, and a subjective awareness of that need which is disregarded. Where the detainee was examined by an EMT and jail officers and each concluded it was not necessary to transport the detainee to the hospital.
Civil Rights - 1983 - Municipal Liability Spears v. Ruth , --- F.3d --- (6th Cir. December 10, 2009)
A policy that prevented police officers from transporting detainees to the hospital in their cruisers was not shown to be a cause of denial of medical care where the decision of the officer not to transport the detainee to the hospital could have been related to other factors, such as an examination by EMT personnel.
Students have a liberty interest in freedom from bodily injury which is protected by the Fourteenth Amendment’s substantive due process clause. To apply, however, the corporal punishment must cause severe, conscience shocking injury and be motivated by malice.