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7th Circuit tosses IU dorm-search lawsuit

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An Indiana University student’s federal lawsuit seeking a preliminary injunction to prevent his one-year suspension was dismissed Friday by the 7th Circuit Court of Appeals.

The court in a brief opinion ruled that it lacked subject matter jurisdiction and the case was moot because the student had served his suspension and therefore an injunction, even if granted, would have no force.

In Zachary Medlock v. Trustees of Indiana University, 11-3288, Zachary Medlock argued that a search of his room in the Willkie Residence Center violated his rights under the Fourth and 14th Amendments.

On March 9, 2011, as part of a routine “health and safety inspection,” two university resident assistants searched Medlock’s dorm room for safety hazards. Medlock was not present at the time of the search. When the RAs entered the room, they discovered marijuana in plain sight, and they notified university police.

Medlock subsequently was suspended for a year and unsuccessfully exhausted I.U.’s appeal process before he filed suit in U.S. District Court for the Southern District of Indiana, where his request for an injunction was denied.
 
Judge William Bauer wrote that the court didn’t need to examine the District Court’s determination that neither of Medlock’s rights violations claims had a reasonable likelihood of success.

“We need not consider these issues; we lack subject-matter jurisdiction in this appeal and therefore must dismiss it,” Bauer wrote. “Article III of the Constitution limits federal courts’ scope of judicial review to live cases and controversies. … Even if we were to decide that Medlock’s constitutional rights had been violated, a preliminary injunction would do him no good. There is simply nothing left to enjoin.”


 

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  1. vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!

  2. Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.

  3. With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.

  4. Jack, I was only responding to bill's comment of tying everybody in government together. I agree with you though, it takes one bad apple to ruin the bunch.. As in any profession. What's truly unfair is when somebody violates someone's trust and takes complete advantage of someone

  5. John’s comment is unfair. The majority of attorneys can be trusted. Unfortunately, all it takes is one greedy, unscrupulous, immoral attorney to jade the public.

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