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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 will continue to pray that God keeps giving you the strength and courage to keep fighting for what is right and just so you are aware, you are an inspiration to those that are feeling weak and helpless as they are trying to figure out why evil keeps winning. God Bless.....

  2. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  3. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  4. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  5. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

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