Federal 7th Circuit Court
Civil Court
Due Process
Dist. Ct. did not err in granting motion for summary judgment by defendants-school officials and student dormitory inspectors in plaintiff-student’s section 1983 action, alleging violation of his due process and 4th Amendment rights when defendants expelled plaintiff without initial hearing after dormitory inspector discovered large quantity of marijuana in plaintiff’s dorm room (as part of previously announced inspection of dormitory rooms) in violation of university rules. Plaintiff’s clear violation of university rules and Indiana criminal law required that defendants take immediate action against plaintiff, and university provided hearing 17 days later in which plaintiff had opportunity to offer defense. Moreover, there was no 4th Amendment violation where plaintiff had consented to said inspections as part of his agreement to live in university dormitory. Fact that student inspectors summoned police officer to confirm presence of marijuana in plaintiff’s room, or that officer subsequently obtained warrant to search plaintiff’s room did not require different result.