Dawn Swiger v. West Liberty University

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 23-1512
DAWN SWIGER,
Plaintiff - Appellant,
v.
WEST LIBERTY UNIVERSITY,
Defendant - Appellee,
and
STEPHEN GRIENER, individually, and in his official capacity as President of West
Liberty University; BRIAN CRAWFORD, individually, and in his official capacity
as Provost of West Liberty University; DIANA HARTO, individually, and in her
official capacity as Chief Human Resource Officer of West Liberty University,
Defendants.
Appeal from the United States District Court for the Northern District of West Virginia, at
Wheeling. John Preston Bailey, District Judge. (5:21-cv-00188-JPB)
Submitted: October 19, 2023 Decided: October 23, 2023
Before KING and WYNN, Circuit Judges, and TRAXLER, Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.

-- 1 of 3 --

2
ON BRIEF: Patrick S. Cassidy, CASSIDY LAW, PLLC; Timothy F. Cogan, COGAN
LAW OFFICE, PLLC, Wheeling, West Virginia, for Appellant. David L. Wyant, Thomas
E. Buck, BAILEY & WYANT PLLC, Wheeling, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

-- 2 of 3 --

3
PER CURIAM:
Dawn Swiger appeals the district court’s orders granting Defendant’s (1) motion to
dismiss Swiger’s First and Fourteenth Amendment claims, filed pursuant to 42 U.S.C.
§ 1983; and (2) summary judgment motion on Swiger’s age discrimination claim, brought
pursuant to the West Virginia Human Rights Act, W. Va. Code §§ 5-11-1 to 5-11-20. We
have reviewed the record and find no reversible error. Accordingly, we affirm the district
court’s judgment. See Swiger v. W. Liberty Univ., No. 5:21-cv-00188-JPB (N.D.W. Va.
Apr. 18, 2023). We dispense with oral argument because the facts and legal contentions
are adequately presented in the materials before this court and argument would not aid the
decisional process.
AFFIRMED

-- 3 of 3 --