Roberts v. Walthall Cty Gen ( 2000 )


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  •                      UNITED STATES COURT OF APPEALS
    For the Fifth Circuit
    ___________________________
    No. 00-60372
    Summary Calendar
    ___________________________
    LURLENE ROBERTS,
    Plaintiff-Appellant,
    VERSUS
    WALTHALL COUNTY GENERAL HOSPITAL; JAMES GRAVES, Individually and
    in his Official Capacity as Administrator of Walthall County
    General Hospital; ROBERT LEE HOBGOOD, LARRY MARTIN, TRUETT
    SIMMONS, IVERSON DAVIS and LOUIE HUHN, Individually and in their
    Official Capacities as Members of the Board of Trustees of
    Walthall County General Hospital,
    Defendants-Appellees.
    ___________________________________________________
    Appeal from the United States District Court
    For the Southern District of Mississippi
    2:99-CV-298-PG
    ___________________________________________________
    December 1, 2000
    Before DAVIS, JONES, and DeMOSS, Circuit Judges.
    PER CURIAM:*
    We agree with the district court that Roberts was an at-will
    employee and had no right to notice and a hearing before being
    terminated.     Miss. Code Ann. Supp. § 41-13-35(5)(n)(1999)         gives
    the   board    of   trustees    at   Walthall   County   General   Hospital
    (“Hospital”) the power to enter into an employment contract, but it
    *
    Pursuant to 5TH CIR. R. 47.5, the Court has determined that
    this opinion should not be published and is not precedent except
    under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
    1
    does   not   require   the   board    to   contract   with   its   employees.
    Therefore, in the absence of an employment contract, Roberts does
    not have a property interest in her employment that entitles her to
    notice   and   a   hearing   before   being   terminated.      Accordingly,
    essentially for the reasons stated by the district court in its May
    4, 2000 Memorandum Opinion and Order, the judgment of the district
    court is AFFIRMED.
    2
    

Document Info

Docket Number: 00-60372

Filed Date: 12/1/2000

Precedential Status: Non-Precedential

Modified Date: 4/18/2021