Linda Martinson v. Regents of the University of Mich.

562 F. App'x 365
CourtCourt of Appeals for the Sixth Circuit
DecidedApril 4, 2014
Docket12-2230
StatusUnpublished
Cited by9 cases

This text of 562 F. App'x 365 (Linda Martinson v. Regents of the University of Mich.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Linda Martinson v. Regents of the University of Mich., 562 F. App'x 365 (6th Cir. 2014).

Opinion

OPINION

BERNICE BOUIE DONALD, Circuit Judge.

Linda Martinson was expelled from the School of Nursing at the University of Michigan (“University”) in November of 2007. After unsuccessfully seeking readmission through the University’s internal review process, Martinson sued the Board of Regents and several School of Nursing administrators, relying primarily on 42 U.S.C. § 1983. The District Court dismissed the vast majority of Martinson’s claims under Federal Rules of Civil Procedure (“Rules”) 12(b)(1) and 12(b)(6) but allowed her procedural due process claim against the administrators in their individual capacities to proceed to summary judgment. The claim was then dismissed under Rule 56, the District Court having determined that Martinson received all the process that she was due. Martinson now appeals the summary dismissal of her procedural due process claim and the dismissal of her substantive due process claim at the pleading stage. For the reasons below, we AFFIRM the dismissal of both claims.

I.

A. Factual Background

In August of 2007, Martinson began an accelerated, second-career nursing program at the University’s School of Nursing. By her own admission, she began having performance problems in one of her clinical courses the next month. Martin-son’s daughter recently had received an unexpected diagnosis, and, on September 17, 2007, Martinson informed the course instructor, Diane Bohn, of her daughter’s medical problems. Citing its accelerated pace, Bohn recommended that Martinson consider leaving the nursing program. According to Bohn, the workload and stress level would only increase with time. Martinson decided to stay, however, and she felt that her relationship with Bohn “rapidly deteriorated” from that point forward.

On October 8, 2007, Martinson received a mid-semester warning from Bohn that detailed several deficiencies in her per *367 formance, including failure to timely complete certain tutorials, general disorganization in planning and implementing patient care, failure to communicate with patients, and failure to meet weekly expectations. Martinson signed the warning but, indicating that it was “factually inaccurate” and contained “glaring omissions,” noted that she did so with “severe reservations.”

Three days later, Martinson told some fellow students that she was in danger of failing and allegedly demanded that they help her. Several students indicated that Martinson’s attitude was hostile, and many expressed feelings of fear and discomfort. Later that same day, Martinson confronted one of the nurses in the locker room about negative comments that she allegedly had communicated to Bohn about Mar-tinson. The nurse reported the incident to Bohn and later testified that Martinson’s conduct and demeanor had frightened her.

At various times between September 17, 2007, and October 16, 2007, Bohn communicated with several School of Nursing Administrators — Bonnie Hagerty, Director for Undergraduate Programs and Associate Professor; Judith Lynch-Sauer, Director for the Office of Student Affairs and Clinical Assistant Professor; and Carol Loveland-Cherry, Executive Associate Dean for Academic Affairs and Professor — about Martinson’s performance problems and involved them in meetings with Martinson. Martinson was “not receptive” to the criticism offered by the administrators at these meetings. After one such meeting on October 12, 2007, Martinson felt that Lynch-Sauer and Hagerty “had developed a strong, personal dislike for [her], wanted to expel her, and were looking for a justification for the same.”

Lynch-Sauer stated that an early October meeting that she and Hagerty had with Martinson “to try to help her do some problem solving and get back on track” was not productive: “Martinson saw only one solution and that was to change clinical instructors as she felt [Bohn] was the cause of her problems.” Lynch-Sauer and Hagerty agreed to meet with Martinson again and to include Bohn. In the meantime, they requested that Martinson “look at where she was having difficulty in the course and ... come up with some ideas about how best to address them.”

Lynch-Sauer, Hagerty, and Martinson reconvened with Bohn one week later. According to Lynch-Sauer, Martinson had not developed an action plan and “was very adamant that it was up to [Bohn] to do so.” Bohn, on the other hand, had developed some guidelines for Martinson, but Martinson would not respond to them, saying “that she had been advised by a friend to say nothing” and that “the only solution was to change instructors.” When she was informed that replacing Bohn was not possible, Martinson “became very angry and the tone of her voice became threatening.” Martinson said that “something would be happening but wouldn’t say what this would be.” Both Lynch-Sauer and Hagerty testified that they felt threatened or unnerved by this comment and by Mar-tinson’s behavior.

According to Hagerty, several of Mar-tinson’s classmates asked to meet with Hagerty and Lynch-Sauer to express concerns about Martinson’s behavior, which Hagerty described as “increasingly erratic.” Hagerty also stated that patients expressed concerns about Martin-son’s performance and behavior. One of Martinson’s clinical group members stated that she no longer would meet with Martinson in person, “even in public places,” requesting transfer to another group if Martinson insisted otherwise. Another complained of an “air of discomfort” in meetings with Martinson, describing a disagreement that resulted in a ver *368 bal “attack” by Martinson and expressing “a sense of fear” that “similar tirades would result” any time Martinson did not get her way.

On October 16, 2007, Bohn filed a report with Loveland-Cherry in which she alleged that Martinson had violated the student code of conduct. The next day, Loveland-Cherry and Hagerty met with Martinson to discuss the report. At Love-land-Cherry’s request, two University public safety officers also attended the meeting.

Martinson was again “unreceptive,” and she received a letter and a copy of the code of conduct from Loveland-Cherry at the conclusion of the meeting. The letter advised Martinson that the administration had received reports that she may have violated the code of conduct. The conduct at issue included Martinson’s being on unit without faculty supervision, confronting clinical staff in an argumentative manner, and engaging in extended and hostile interactions with fellow students and faculty. The letter also stated that Tara Engholm, Loveland-Cherry’s executive secretary, would contact Martinson later that day to schedule a preliminary hearing and that a full hearing by the Committee on Academic Admissions and Scholastic Standing (“CAASS”) would follow. Finally, the letter instructed Martinson not to contact program staff, faculty, or students, and not to attend clinical classes or be present on clinical units “[u]ntil the potential Code violation e[ould] be resolved via established procedure[.]” Martinson also received a no-trespass citation from the public safety officers that subjected her to arrest upon entering any buildings owned or leased by the University.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Jacquelyn Mares v. Miami Valley Hospital
96 F.4th 945 (Sixth Circuit, 2024)
Doe v. Ohio State Univ.
323 F. Supp. 3d 962 (S.D. Ohio, 2018)
John Doe v. Miami Univ.
882 F.3d 579 (Sixth Circuit, 2018)
Gischel v. Univ. of Cincinnati
302 F. Supp. 3d 961 (S.D. Ohio, 2018)
Keefe v. Adams
44 F. Supp. 3d 874 (D. Minnesota, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
562 F. App'x 365, Counsel Stack Legal Research, https://law.counselstack.com/opinion/linda-martinson-v-regents-of-the-university-of-mich-ca6-2014.