Topeka ? The Kansas Court of Appeals on Friday upheld the dismissal of a lawsuit filed by the former director of Kansas University’s Spencer Museum of Art, who was fired in 2004.

Andrea Norris filed a lawsuit against KU and former Provost David Shulenburger, alleging that she was improperly fired. Norris, who had led the museum for 16 years, sought $112,000 in damages and claimed that her firing was degrading and damaging to her career.

Last year, Douglas County District Judge Sally Pokorny granted a summary judgment for KU to dismiss the lawsuit.

The appellate court agreed with that decision. “Her termination was properly concluded, and the district court correctly granted the motion for summary judgment of KU and Shulenburger,” the court’s opinion said.

Norris contended that in talks with Shulenburger over her desire to continue employment, Shulenburger “became red-faced and furious.” She alleged that he cut off her e-mail communications from KU and told her that her termination would be in the newspaper.

The appellate court, however, said, “There is clearly no factual basis to show any legal malice or malicious conduct on the part of Shulenburger upon which any relief could be justified.”

In 2003, Norris, then a member of KU’s unclassified professional staff, received a critical job performance evaluation, which she said was inaccurate. Shulenburger agreed to allow Norris to submit a plan to revitalize the museum, the court opinion said.

In February 2004, Shulenburger asked for her resignation and in March provided her with written notice that she was being relieved of duties.

Norris sued for “tortiously interfering with a prospective employment contract.” The district court said that the law required that the interferer be a third party not in the employment relationship. Since the defendants were not third parties, the lower court granted summary judgment for KU and Shulenburger.

A telephone message left for Norris’ attorney was not returned.