Harold “Skip” Garner is a tenured professor at Virginia Tech who makes $342,000 a year, according to this article in the Roanoke Times. Yet he is still suing university officials, including former president Charles Steger, for $11 million. Why?
He says that the officials violated his constitutional rights when they removed him from his position as Executive Director of the Virginia Bioinformatics Institute (VBI). In his complaint, available here, he claims that he was demoted without “advance notice of his removal or demotion” and without any “opportunity whatsoever to contest the merits of the action.” He alleges that this lack of procedural protections “deprived [him] of property and liberty without due process of law.” This kind of claim is known as a “Section 1983” claim: i.e., a claim brought under 42 U.S.C. § 1983, which provides a federal cause of action to individuals who are deprived of constitutional rights by the actions of state officials. In the employment context, Section 1983 claims can arise when state officials discipline employees without affording them notice and an opportunity to be heard. See, e.g., Ridpath v. Board of Governors Marshall University, 447 F.3d 292 (4th Cir. 2006). That’s the kind of claim Garner is alleging here.
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