MEMPHIS, Tenn. (WMC) – A judge has ruled that Ole Miss Chancellor Glenn Boyce has “qualified immunity” and cannot be sued in his official capacity.
Senior U.S. District Judge Glen H. Davidson made the ruling in the lawsuit filed by Lauren Stokes, a staff member who was fired over a social media post made following the death of political commentator Charlie Kirk.
Chancellor Glenn Boyce fired her, saying the comments “run completely counter to our institutional values.”
Stokes sued Boyce, claiming he violated her First Amendment rights, and demanded her job back.
Boyce filed a motion to dismiss, which was granted by Judge Davidson on Monday.
Davidson says the lawsuit would be in violation of the Eleventh Amendment, which rules that “The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizen of another state.”
The judge ruled that Boyce in his official capacity is an arm of the state, so a suit would not be against the official, but against the state.
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