Bowers case to go forward

The case of a fired UVA employee seeking $1 million for wrongful termination inched its way up the legal ladder last week. On October 24, U.S. District Court judge Norman K. Moon ruled that while some of her secondary claims wouldn’t hold up, on the constitutional claims Dena Bowers just may have a point.
Bowers is suing UVA over an October 2005 incident in which she sent an e-mail from her UVA account to another UVA worker containing NAACP information that was critical of the University’s restructuring initiative. The e-mail was then forwarded to all Arts and Sciences employees. Bowers was questioned and later terminated, she says, without the right to address the claims against her.
Moon threw out a couple of State-level counts, but decided Bowers has a potential constitutional case.
Of her 14th Amendment right to due process, Moon determined that Bowers was denied the opportunity to speak at her termination hearing. “Plaintiff has alleged facts that could conceivably give rise to a claim that Defendants violated her procedural due process rights as guaranteed under the Constitution because Plaintiff was not afforded an opportunity to speak,” the opinion reads.
On Bowers’ First Amendment count, Moon opined that because Bowers sent the e-mail in her personal, not professional capacity, she was protected under the free speech amendment.
Next, UVA must answer the opinion—Bowers’ attorney, Deborah C. Wyatt, does not anticipate an easy settlement from UVA.