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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. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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