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Emir James Phillips v. Board of Curators of Lincoln University, fka Lincoln University, et al.

IFP petition · United States Court of Appeals for the Eighth Circuit, No. 25-2051 · judgment November 7, 2025


Certiorari denied · June 29, 2026

Questions presented

  1. Compelled alteration I nullification of academic-dishonesty grades. Whether compelled alteration or administrative nullification of a professor’s final academic-dishonesty grade is speech “related to scholarship or teaching” that falls outside Garcetti's “official duties” rule and is therefore subject to Pickering v. Bd. of Educ., 391 U.S. 563 (1968), and Connick v. Myers, 461 U.S. 138 (1983) balancing—and to this Court’s compelled-speech limits when the professor’s endorsement is required.

  2. State-created entitlements and “follow-your-own-rules.” Whether public-university policies and handbooks that expressly delegate final academic-dishonesty grading to faculty create a state-law entitlement the institution must honor under Roth, Sindermann, and the Accardi “follow-yourown-rules” principle, thereby requiring Ato/?ews-calibrated process before an administrator may nullify a professor’s final dishonesty grade.

Counsel of record

For petitioner
Emir James Phillips

For respondent
Cathleen A. Martin
Newman, Comley & Ruth P.C.

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Jun 29 2026
    Petition DENIED.
  2. Jun 10 2026
    DISTRIBUTED for Conference of 6/25/2026.
  3. May 09 2026
    Petitioner complied with order of April 20, 2026.
  4. Apr 20 2026
    The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until May 11, 2026, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.
  5. Mar 26 2026
    DISTRIBUTED for Conference of 4/17/2026.
  6. Mar 10 2026
    Waiver of right of respondents Board of Curators of Lincoln University, Dr. Stevie Lawrence, Dr. Cornelius Brownlee and Dr. DeNeia Thomas to respond filed.
  7. Dec 08 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 16, 2026)