Search & Seizure; Campus Police & Relationships with Local Law Enforcement; Campus Police, Safety & Crisis Management
Mortazavi v. Samford University (N.D. Ala. July 20, 2017)
Memorandum Opinion and Order granting Defendants’ Motion to Dismiss. Plaintiff was practicing the piano at Samford University when an unnamed campus security officer confronted him, ordered him to leave the room “using threatening, derogatory, and offensive language,” seized Plaintiff’s driver's license, and held Plaintiff for approximately thirty minutes while dispatch confirmed Plaintiff’s information. Plaintiff sued Samford and two University officials under a theory of respondeat superior, in addition to asserting conspiracy claims against three University employees. Because Plaintiff failed to identify an official policy by Samford that caused his alleged injuries, the court dismissed his claims against the University. The court also dismissed Plaintiff’s allegation of a conspiracy “to terrorize and frighten” him because a corporate entity cannot conspire with its employees, and its employees cannot conspire among themselves when acting within the scope of their employment.