Leffall v. Bd of Regents of TX, et al

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_______________
m 00-20940
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W. SUE LEFALL,
Plaintiff,
W. SUE LEFALL,
Plaintiff-Appellant,
VERSUS
BOARD OF REGENTS OF TEXAS SOUTHERN UNIVERSITY;
WILLARD L. JACKSON,
IN HIS OFFICIAL CAPACITY AS CHAIRMAN OF THE BOARD OF REGENTS
OF TEXAS SOUTHERN UNIVERSITY;
JAMES M. DOUGLAS,
IN HIS OFFICIAL CAPACITY AS PRESIDENT OF TEXAS SOUTHERN UNIVERSITY AND INDIVIDUALLY;
HAROLD ODOM, INDIVIDUALLY; EDWARD GANTT, INDIVIDUALLY; AND KENNETH W.
JACKSON, INDIVIDUALLY,
Defendants-Appellees.
_________________________
Appeal from the United States District Court
for the Southern District of Texas
(H-98-CV-2824)
_________________________
June 8, 2001

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Before SMITH, DUHÉ, and WIENER,
Circuit Judges.
PER CURIAM:*
W. Sue Lefall sued the Board of Regents of
Texas Southern University and certain of its
officials for sex discrimination under title VII
and for deprivation of substantive and
procedural due process under 42 U.S.C. §
1983. The district court entered summary
judgment in favor of defendants, and Lefall
appeals only under § 1983.
We have reviewed the briefs and applicable
law and pertinent portions of the record and
have heard the arguments of counsel. We con-
clude that Lefall has made no showing of any
actions that colorably amount to a constitu-
tional violation. Plainly, defendants took no
action that can fairly be described as arbitrary
and capricious, even assuming that the parties
were bound by the 1985 staff manual that per-
mitted disciplinary action only for just cause.
Moreover, Lefall received all process she was
due to ensure her an oppportunity to vindicate
her rights. Absent a valid constitutional claim,
there is no need to visit the issue of qualified
immunity.
AFFIRMED.
* Pursuant to 5TH CIR. R. 47.5, the court has
determined that this opinion should not be published
and is not precedent except under the limited
circumstances set forth in 5TH CIR. R. 47.5.4.

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