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Hentosh v. Old Dominion Univ.

United States Court of Appeals, Fourth Circuit

September 24, 2014

PATRICIA HENTOSH, Plaintiff - Appellant,
v.
OLD DOMINION UNIVERSITY, Defendant - Appellee

Argued May 13, 2014

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. (2:12-cv-00222-RGD-LRL). Robert G. Doumar, Senior District Judge.

ARGUED:

Raymond Lee Hogge, Jr., HOGGE LAW, Norfolk, Virginia, for Appellant.

George William Norris, Jr., OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee.

ON BRIEF:

Kenneth Michael Golski, HOGGE LAW, Norfolk, Virginia, for Appellant.

Kenneth T. Cuccinelli, II, Attorney General, Wesley G. Russell, Jr., Deputy Attorney General, Peter R. Messitt, Senior Assistant Attorney General, Ronald N. Regnery, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee.

Before DUNCAN and WYNN, Circuit Judges, and J. Michelle CHILDS, United States District Judge for the District of South Carolina, sitting by designation. Judge Childs wrote the opinion, in which Judge Duncan and Judge Wynn joined.

OPINION

Page 414

CHILDS, District Judge.

Patricia Hentosh (" Hentosh" ) appeals a district court order that granted summary judgment to her former employer, Old Dominion University (" ODU" ), on a claim for

Page 415

retaliation regarding the denial of her application for tenure. Hentosh argues that the district court erred in granting summary judgment because it lacked subject matter jurisdiction over a retaliation claim that grew out of and was reasonably related to an untimely ...


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