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DR. LARRY CUNNINGHAM,
Plaintiff-Appellee (21-6005),
Plaintiff-Appellant (21-6174),
v.
DAVID W. BLACKWELL, LARRY HOLLOWAY, and
WILLIAM EUGENE THRO, individually,
Defendants-Appellants (21-6005),
Defendants-Appellees (21-6174).
DR. EHAB SHEHATA,
Plaintiff-Appellee (21-6006),
Plaintiff-Appellant (21-6172),
v.
DAVID W. BLACKWELL, LARRY HOLLOWAY, and
WILLIAM EUGENE THRO, individually,
Defendants-Appellants (21-6006),
Defendants-Appellees (21-6172).
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Nos. 21-6005/6174
Nos. 21-6006/6172 |
Appeal from the United States District Court for the Eastern District of Kentucky at Frankfort.
Nos. 3:20-cv-00008 (Cunningham) and 3:20-cv-00012 (Shehata);
Gregory F. Van Tatenhove, District Judge.
Argued: June 29, 2022
Decided and Filed: July 18, 2022
Before: SUTTON, Chief Judge; BATCHELDER and DONALD, Circuit Judges.
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OPINION
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SUTTON, Chief Judge. The University of Kentucky investigated two dentistry
professors for entering false data about whether they, or their students, had performed services
for patients at a university clinic and whether they, or the clinic, should be paid for those
services. While the investigation proceeded, the provost barred the professors from seeing
patients in the clinic but allowed them to perform their other duties. After the investigation
ended, both professors left the University. The professors sued, alleging the University violated
their rights to due process under the Fourteenth Amendment and retaliated against them in
violation of their rights to free speech under the First Amendment. Because the administrators
did not violate clearly established law, qualified immunity protects them from each claim. |
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