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

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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.”


 

 

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  1. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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