ILNews

IU pot-suspension appeal ‘near frivolous,’ 7th Circuit rules

Back to TopCommentsE-mailPrintBookmark and Share

An Indiana University student’s appeal of his suspension after a large marijuana plant and other evidence of illegal drug use were discovered in his dorm room “is near frivolous,” a panel of the 7th Circuit Court of Appeals ruled.

The panel affirmed summary judgment in favor of IU and other defendants in Zachary Medlcok v. Trustees of Indiana University, et al., 13-1900. Medlock appealed the ruling of District Judge Tanya Walton Pratt of the Southern District of Indiana alleging that the university violated his Fourth Amendment rights against unlawful search and seizure.

But the panel noted that IU had notified Medlock and other students of pending dorm room inspections for code violations by email a week in advance, and that notice of the inspections had been announced the same day. When resident assistants found marijuana in Medlock’s dorm they notified IU police, who executed a search warrant and counted 89 grams of marijuana, resulting in a felony possession charge.

The opinion notes that “for unexplained reasons the charges were dropped, although there can’t have been any doubt of his guilt.” The panel ruled that students and officers acted reasonably and lawfully after marijuana was discovered in Medlock’s dorm room.

“There is no merit to the due process claim,” Judge Richard Posner wrote for the panel. “The in-your-face flagrancy of Medlock’s violation of university rules (he had plenty of warning of the impending inspection, remember), and of Indiana’s criminal law, required the university to take immediate remedial action if its commitment to its rules, and to legality, was not to be questioned.”

“In short, the case is near frivolous, the decision to sue the two student inspectors offensive, and the most surprising feature of the entire episode is the exceptional lenity with which a state university (in a state that does not allow medicinal, let alone recreational, use of marijuana) treated a brazen violator of its rules of conduct and of the criminal law,” Posner wrote.

“But as we noted some years ago, ‘the danger that without the procedural safeguards deemed appropriate in civil and criminal litigation public universities will engage in an orgy of expulsions is slight. The relation of students to universities is, after all, essentially that of customer to seller. … And if we may judge from the happy ending of the marijuana bust for Medlock, the customer is indeed always right.”


 

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

ADVERTISEMENT