Have to appreciate the brazenness of this lawsuit: College student gets kicked out of Indiana University after being caught with a six-foot marijuana plant in his dorm room. Nevertheless, no criminal charges get filed and school readmits him--and gives him a part-time job--the next year. Not yet satisfied, student sues school for violating his Fourth Amendment rights.
Judge Posner was not amused:
Link: http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2013/D12-30/C:13-1900:J
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Judge Posner was not amused:
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 me‐ dicinal, let alone recreational, use of marijuana) treated a brazen violator of its rules of conduct and of the criminal law. But as we noted some years ago, “the danger that with‐ out 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 uni‐ versities is, after all, essentially that of customer to seller.” Osteen v. Henley, supra, 13 F.3d at 226. And if we may judge from the happy ending of the marijuana bust for Medlock, the customer is indeed always right.
Link: http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2013/D12-30/C:13-1900:J