(Download) "Osteen v. Henley" by United States Court of Appeals for the Seventh Circuit * Book PDF Kindle ePub Free
eBook details
- Title: Osteen v. Henley
- Author : United States Court of Appeals for the Seventh Circuit
- Release Date : January 30, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
POSNER, Chief Judge. Late one night, as Thomas Osteen, an undergraduate at Northern Illinois University, was leaving a bar in the company of two male friends and the girlfriend of one of them, the girlfriend began "mouthing off to a male [another student] who was outside of a bar who decided to mouth off to her and the two of them mouthed out to each other and he didnt realize she was with three football players so when he realized that he was mouthing off to a young lady that was being accompanied by three football players one of which was her boyfriend, it was a little bit too late for him." (We are quoting, not Gertrude Stein, but one of the defendants, university judicial officer Larry Bolles.) "Im told without one word, Mr. Osteen, not one word out of his mouth he stomps this guy in the head with some cowboy boots. This is what the guy said, he had on some boots and he stomped him." Osteens kick or stomp broke the other students nose. Another student, apparently a friend of the one whom Osteen had just assaulted, approached Osteen, who again without a word "broke his face with one punch." Osteen had broken his second nose for the night. The incident, aggravated in Bolless mind by the fact that the woman whose honor Osteen was defending in this violent manner was not even Osteens own girlfriend, led to Osteens expulsion for two years and to this lawsuit (dismissed by the district court), in which Osteen challenges the expulsion as a deprivation of property without due process of law, in violation of the Fourteenth Amendment. Although it is an open question in this circuit whether a college student as distinct from an elementary school or high school student has a property right in continued attendance, Akins v. Board of Governors, 840 F.2d 1371, 1376 (7th Cir. 1988), vacated on other grounds, 488 U.S. 920, 109 S. Ct. 299, 102 L. Ed. 2d 319 (1988), the defendants have not raised it, so we shall not attempt to answer it.
 "Osteen v. Henley" by United States Court of Appeals for the Seventh Circuit * Book PDF Kindle ePub Free){kind=link}