Bradley v. West Chester Univ. — civil — affirmance — Brann MDPA by designation

West Chester University’s budgeting director allegedly was asked to change her report to make it show a deficit instead of a surplus so as not to put the university’s state appropriation at risk. She told an administrative committee that making that change would be unethical and possibly illegal. Two years later, she allegedly had another, similar disagreement. Soon after she was told she was not a cultural fit and her contract would not be renewed.  She sued her supervisor, the university, and the 14-university state higher-education system, alleging First Amendment retaliation and other claims. The district court ruled that her claims against the supervisor were barred by qualified immunity and her claims against the university were barred by Eleventh Amendment immunity.

Today, the Third Circuit affirmed. Without reaching qualified immunity, it held that the budget director’s speech was not constitutionally protected in the first place because it was made pursuant to her official duties. This seems like a reasonable application of controlling law, but still it is startling that an employee who ran right to the media would be on far safer ground than one who raised the same concern internally. The court also held that West Chester University and the university system were arms of the state entitled to Eleventh Amendment immunity.

Joining Brann were Smith and Hardiman. Arguing counsel were Daniel Kearney of Adams Kearney for the budget director and John Knorr III of the state AG’s office for the university and the university system.