April 20, 2012
Law Prof Sues Buffalo Dean for Discharge
The Spectrum reports:
On March 23, former UB Law Professor Jeffrey Malkan filed a civil rights lawsuit against Law School Dean Makau W. Mutua in the federal District Court of Buffalo. The suit alleges that two months after Mutua became dean in 2008, he illegally fired Malkan by violating Malkan’s right to due process under the 14th Amendment and barring Malkan access to a mandatory faculty review procedure.
Malkan, former director of the law school’s Legal Research and Writing program (LRW), alleges that Mutua failed to follow non-discretionary faculty review procedures required under Malkan’s contract with the school. The lawsuit also names the current vice dean for legal skills, Charles P. Ewing, who allegedly worked in conspiracy with Mutua to block Malkan’s access to a mandatory faculty grievance process, thus allowing Ewing to become director of the LRW soon after Malkan was fired.
Malkan was fired from the law school because Mutua planned on eliminating the LRW program from the school’s curriculum, a position Malkan had maintained since 2000, the lawsuit alleges. In a letter to Malkan informing him of his termination, Mutua said the new Skills Program (created after the LRW’s termination and awarded Ewing) was an appropriate and legal substitution.
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