Fifth Circuit Immunizes Ex-Dean in Texas Tech Retaliation Case

May 20, 2025, 11:26 PM UTC

A former Texas Tech University dean is immune from claims that he retaliated against a professor, a split panel of the US Court of Appeals for the Fifth Circuit ruled nearly five years after arguments.

The 2-1 decision on Tuesday said former Rawls College of Business Dean Lance Nail can be granted qualified immunity from James Wetherbe’s claims that he was retaliated against for speaking out against tenure.

Judge Priscilla Richman said in an opinion joined by Judge Catharina Haynes that qualified immunity can be granted because “it was not clearly established that Wetherbe’s speech regarding tenure addressed a matter ...

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