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Employer – Employee: Wrongful Discharge – Age Discrimination – Failure To Exhaust
Stephanie Maniscalco//July 14, 2011//
Employer – Employee: Wrongful Discharge – Age Discrimination – Failure To Exhaust
Stephanie Maniscalco//July 14, 2011//
Where a clerk sued her university employer arguing that she was wrongfully discharged due to her age, the district court properly dismissed the plaintiff’s due process and equal protection claims for failure to state a claim because such claims must be asserted under Section 1983, which the plaintiff had expressly declined to rely on, and the denial of the post-judgment claim is also affirmed since the plaintiff has sufficient opportunity to plead a viable claim after filing four versions of the complaint, but the dismissal of the plaintiff’s state-law claims against individual defendants is reversed because the court had supplemental jurisdiction.
Judgment is affirmed in part; reversed in part.
Clark v. Iowa State University, et al. (MLW No. 62446/Case No. 10-2908 – 4 pages) (U.S. Court of Appeals, 8th Circuit, Colloton, J.) Appealed from U.S. District Court, Southern District of Iowa, Pratt, J. (Paul David Lunde, Ames, Iowa, argued for appellant) (George A. Carroll, Des Moines, Iowa, argued for appellee).
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