Guns on Campus; Constitutional Issues
Zachary Mutter v. William Rodriguez (7th Cir. August 21, 2017)
Order affirming the district court’s dismissal of Plaintiff’s suit under the Eleventh Amendment. Plaintiff, a dentistry student at the University of Illinois at Chicago (UIC), alleged that UIC and its police department violated his Second, Fourth, and Fourteenth Amendment rights, as well as state law, when it expelled him with an option of re-enrolling after two years, for brandishing a gun after he witnessed a physical altercation on his walk home. Applying the Ex parte Young doctrine, which allows a Plaintiff to circumvent Eleventh Amendment Immunity when seeking prospective relief from an ongoing violation of federal law, the district court dismissed Plaintiff’s suit because he neither identified an ongoing violation of federal law nor identified “state officials” who could be sued under §1983. The court affirmed the district court’s reasoning, adding that the case was moot because no obstacle presently prevented Plaintiff from reenrolling in the dental program since the two-year timeframe had elapsed.