Fifth Circuit’s Years-Long Ruling Stall Puts Professor in Limbo

In September 2020, James Wetherbe had an appeal heard by the US Court of Appeals for the Fifth Circuit. In the nearly four years since, the Texas Tech University business professor was diagnosed and underwent successful treatment for cancer.

But the court still hasn’t ruled on his case, leaving him in limbo.

“The real world impact is that when justice is delayed, justice is effectively denied and here that’s been the case for Dr. Wetherbe,” his attorney, Fernando Bustos, said.

The three-judge Fifth Circuit panel is weighing whether Texas Tech’s former business school dean should have qualified immunity in a ...