United States Court of Appeals
For the Eighth Circuit
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No. 12-2211
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Felicia Dionne Taylor, Ph. D.
lllllllllllllllllllll Plaintiff - Appellant
v.
University of Central Arkansas
lllllllllllllllllllll Defendant - Appellee
Allen C. Meadors, PhD, in his official and individual capacities as President of the
University of Central Arkansas; Lance R. Grahn, PhD, in his official and
individual capacities as Provost of the University of Central Arkansas; Thomas
Courtway, J.D., in his official and individual capacities as General Counsel and
Interim President of the University of Central Arkansas; Luther Hardin, J.D., in his
official and individual capacities as Past President of the University of Central
Arkansas; A. Gabriel Esteban, PhD, in his official and individual capacities as Past
Provost of the University of Central Arkansas; Neil Hattlestad, Ed.D., in his
official and individual capacities as Dean, College of Health and Behavioral
Sciences, of the University of Central Arkansas
lllllllllllllllllllll Defendants
Emogene F. Fox, Ed.D., in her official and individual capacities as Chairperson,
Department of Health Sciences, College of Health and Behavioral Sciences, of the
University of Central Arkansas; Jane Lammers Elphinstone, Ed.D., in her official
& individual capacities, former faculty member, Dept. of Health Sciences, Chair,
Dept. of Health Sciences, Chair, Dept. of Health Sciences Tenure Review
Committee, member of College of Health & Behavioral Sciences Tenure Review
Committee, College of Health; Marc Willey, Ph.D., in his official and individual
capacities as a faculty member, member of the Tenure Review Committee, College
of Health and Behavioral Sciences, of the University of Central Arkansas;
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Katherine Larson, Ph.D., in her official and individual capacities as a faculty
member, member of the Faculty Grievance Panel, of the University of Central Arkansas
lllllllllllllllllllll Defendants - Appellees
John Parrack, Ph.D., in his official and individual capacities as a faculty member,
member of the Faculty Grievance Panel, President of the Faculty Senate, of the
University of Central Arkansas; Linda Musselman, Ph.D., in her official and
individual capacities as a faculty member and chairperson of the Department of
Occupational Therapy, College of Health and Behavioral Science, of the
University of Central Arkansas
lllllllllllllllllllll Defendants
Lynn Burley, Ph.D., in her official and individual capacities as a faculty member,
member of the faculty Senate, and President - Elect of the Faculty Senate, of the
University of Central Arkansas; Jayme Misap Stone, Ph.D., candidate, in her
official and individual capacities as a faculty member, Director Learning
Communities, of the University of Central Arkansas
lllllllllllllllllllll Defendants - Appellees
University of Central Arkansas Board of Trustees
lllllllllllllllllllll Defendant
Harold Chakals, MD, in his official and individual capacities as the Chairperson
and as a member of the Board of Trustees of the University of Central Arkansas;
Victor Green, in his official and individual capacities as a member of the Board of
Trustees of the University of Central Arkansas; Rush Harding, III, in his official
and individual capacities as a member of the Board of Trustees of the University of
Central Arkansas; Kay Hinkle, in her official and individual capacities as a
member of the Board of Trustees of the University of Central Arkansas; Bobby
Reynolds, in his official and individual capacities as a member of the Board of
Trustees of the University of Central Arkansas
lllllllllllllllllllll Defendants - Appellees
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Scott Roussel, in his official and individual capacities as vice-chairperson, and as a
member of the Board of Trustees of the University of Central Arkansas
lllllllllllllllllllll Defendant
Randy Sims, in his official and individual capacities as a member of the Board of
Trustees of the University of Central Arkansas; Thomas Rainer, in his official and
individual capacities as Auditor, Arkansas Department of Health
lllllllllllllllllllll Defendants - Appellees
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Appeal from United States District Court
for the Eastern District of Arkansas - Little Rock
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Submitted: March 7, 2013
Filed: March 29, 2013
[Unpublished]
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Before LOKEN, MELLOY, and BENTON, Circuit Judges.
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PER CURIAM.
After Felicia Taylor was denied tenure at the University of Central Arkansas,
she brought this civil complaint, alleging that appellees had discriminated and
retaliated against her in violation of the United States Constitution, and various federal
and state laws. The district court 1 granted appellees’ motion for summary judgment,
and this appeal followed.
1The Honorable James M. Moody, United States District Judge for the Eastern
District of Arkansas.
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We have conducted careful de novo review, see Torgerson v. City of Rochester,
643 F.3d 1031, 1042-43 (8th Cir.) (en banc) (standard of review), cert. denied, 132 S.
Ct. 513 (2011), and we agree with the district court--for the reasons explained in the
court’s thorough opinion--that Taylor failed to present any evidence that would allow
a jury to find that appellees discriminated or retaliated against her in violation of the
Constitution or federal law, or that appellees violated the other federal statutes upon
which Taylor relied in bringing suit. See 8th Cir. R. 47B. We also conclude that the
district court did not abuse its discretion in denying Taylor’s requests for preliminary
injunctive relief and default judgment; did not err in denying as moot her motion for
“relief”; and did not abuse its discretion in declining to exercise supplemental
jurisdiction over Taylor’s state-law claims, although we clarify that the dismissal of
those claims is without prejudice, see Franklin v. Zain, 152 F.3d 783, 786 (8th Cir.
1998).
The judgment of the district court is affirmed.
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