| Docket: 13-1900 | Opinion Date: December 30, 2013 |
| Judge: Posner |
| Areas of Law: Civil Rights, Constitutional Law, Criminal Law, Education Law |
Medlock, an Indiana University sophomore, lived, by choice in a dormitory, where he was required to allow inspections of his room by graduate students employed by IU. Medlock was given a week’s notice by email and inspection of his floor was announced by intercom on the day of the inspection. On that day, a student inspector entered Medlock’s unoccupied room and saw a clear tube on the desk. Based on his training, he believed that it contained marijuana. Another inspector concurred and called University Police Officer King. They also noticed burned candles, an ashtray containing ashes, and a rolled‐up blanket at the bottom of the door. Smoking of any kind is forbidden in the dormitory, as are “open flame materials,” such as candles. Medlock’s closet was ajar. Officer King saw that it contained six‐foot‐high marijuana plant. He obtained a warrant; further search revealed marijuana paraphernalia, a grow light, and 89 grams of marijuana. Medlock was charged with felony possession of more than 30 grams of marijuana. For unexplained reasons, charges were dropped. The university suspended Medlock for one year. After a year obtained readmission to IU. The district court rejected his suit under 42 U.S.C. 1983, in which he sought destruction of the record of his expulsion, and damages from the student inspectors and King. The Seventh Circuit affirmed, noting the ”in‐your-face” flagrancy of violations of university rules and of criminal law. The case is “near frivolous,” suing the student inspectors “offensive,” and “most surprising … is the exceptional lenity.” The court opined that the relation of students to universities is “essentially that of customer to seller.”
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