Esteban v. Central Missouri State College

Citation290 F. Supp. 622
Decision Date25 September 1968
Docket NumberNo. 16852-4.,16852-4.
PartiesAlfredo ESTEBAN, by his mother and next friend, Guadaloupe P. Esteban, and Steve Craig Roberds, by his father and next friend, James Roberds, Plaintiffs, v. CENTRAL MISSOURI STATE COLLEGE, Warrensburg, Missouri, Warren C. Lovinger, President of Central Missouri State College, Warrensburg, Missouri, and W. Lester Simpson, President and Joe Herndon, Leland J. Culp, Virginia Gottlieb, Byron Constance, and J. N. Cunningham, members of the Board of Regents of Central Missouri State College, Warrensburg, Missouri, Defendants.
CourtU.S. District Court — Western District of Missouri

COPYRIGHT MATERIAL OMITTED

Irving Achtenberg, Kansas City, Mo., for plaintiffs.

Robert L. Wesner, Sedalia, Mo., for defendants.

OPINION

ELMO B. HUNTER, District Judge.

Plaintiffs were students at Central Missouri State College, Warrensburg, Missouri, until March 31, 1967, when by order of defendant Warren C. Lovinger, president of the college, they were suspended for two semesters, with the right thereafter to apply for readmission. Plaintiffs filed a complaint in this Court charging, among other things, that they had been suspended without proper notice and hearing and in violation of their constitutional right to procedural and substantive due process. After a trial on September 6-7, 1967, this Court directed that they be given a new hearing. For the details, see Esteban v. Central Missouri State College, 277 F.Supp. 649.

Pursuant to the Court's direction, on October 18, 1967, written charges and notice of hearing were served on plaintiffs by the college. The new hearing occurred on November 3, 1967, with the result that the previous suspensions were reaffirmed. Plaintiffs then filed their present complaint.1

Plaintiffs claim the reaffirmed suspensions are tantamount to expulsion and are invalid because:

(1) The college regulation with regard to mass gatherings violates the first amendment guarantee of freedom of speech and assembly.
(2) The college regulation with regard to participating in mass demonstrations violates the first and fifth amendments in that its language is vague, uncertain and overbroad, providing plaintiffs with no reasonable standard for observance and no notice of illegal conduct.
(3) The enforcement of the mentioned regulation as to off campus conduct is beyond the powers of the college and is a denial of due process.
(4) The charge as originally made did not contain the words "contributing to" which quoted language is not a part of the regulation and hence is unenforceable.
(5) The hearing before Dr. Lovinger lacked procedural due process as required by the fourteenth amendment in that there was no evidence to support a charge of participating in an unruly or unlawful mass demonstration.

Plaintiffs request this Court to declare the college regulation to be void; to enjoin its enforcement; to set aside this suspension; to expunge all mention of their suspension from their college record; and to permit them to reenter the college in good standing.

Defendants strongly deny all plaintiffs' claims. Defendants plead res judicata and mootness, citing the earlier decision which was not appealed, and noting that the condition of the suspension was that plaintiffs were not eligible to reapply for two semesters which have now passed. Defendants also assert this Court should abstain from all action herein until and unless there is a full exhaustion of state court remedies by plaintiffs.

On August 16, 1968, the case was fully tried to the Court on the issues presented. Discussion and disposition of mentioned issues and the varying contentions of the parties are necessary.

November 3, 1968 College Hearing:

A summary of the substance of the evidence presented to Dr. Lovinger in the November 3, 1967 hearing is desirable prior to discussing the issues. The charges related to Mr. Esteban's and Mr. Roberd's activities in connection with mass student demonstrations occurring the evenings of March 29, and March 30, 1967.2 These demonstrations took place at the intersection of the public street adjacent to the school campus and State Highway 13 and overflowed onto the sidewalks and campus.3 On the evening of March 29, some 350 students were present in the mass and on March 30, there were some 600 students included. As a partial result of these two mass demonstrations there was in excess of $600 damages and destruction of college property, including broken school building windows and destroyed shrubbery; eggs were thrown; the Dean of Men, Dr. Chalquist, was hanged in effigy, his "dummy" torn up and set on fire; traffic was halted and blocked, cars were rocked, and their occupants ordered out into the street. The college president directed a number of his personnel, including Dr. Meverden, to go to the scene to restore order.

ESTEBAN EVENT:

Introduced at the November 3rd, 1967 hearing was Mr. Esteban's testimony to the following effect: He was on scholastic probation and only a short time previously had been terminated from disciplinary probation over a knife cutting incident with a fellow student. The evening of March 29, 1967, around 11:30 p. m., he left his dormitory about the time the "disturbance" had subsided. Some of the students were proceeding along the street from the mass demonstration to their dormitories. Esteban proceeded down the sidewalk to within about 100 feet of the intersection of the scene of the mass demonstration and stayed there awhile. Dr. Meverden, a faculty member, who was seeking to disperse students standing outside their dorms, approached Esteban and asked him to go inside the dormitory. Instead of complying, Esteban asked why, and on again being requested to go in, again asked why. He told Dr. Meverden that he was not in violation of any state, county, or federal law and that he had a right to be out there. Dr. Meverden asked for his student identification card which by college regulation he was required to have in his possession at all times. Esteban said ("in rough words" according to one witness) he did not have it. Nor did he give his name. Dr. Meverden again requested him to go in the dormitory and get off the street. Esteban argued with Dr. Meverden and questioned his authority, saying there were no rules limiting the time men could stay outside the dorms. Shortly, and with the encouragement of other students present, he went into the dormitory. Dr. Meverden also went in and asked Gerald Haddock, the resident assistant of Esteban's dormitory, who Esteban was. Haddock was overheard by Esteban telling Dr. Meverden Esteban's name. Esteban, as Dr. Meverden was leaving, called Haddock a prick and a bastard and told him he "would not be around here very long." According to Esteban's roommate, Esteban then angrily picked up a waste can and emptied the contents on the floor at the feet of Haddock.

ROBERDS EVENT:

Prior to the mass demonstrations, Roberds had been placed on disciplinary probation and furnished a written statement of the terms of that probation. Dean Chalquist also orally explained those terms to him. He and Dean Chalquist conversed relative to his intention to participate in a demonstration.4 Roberds asked about the possible repercussions of his involvement in (future) demonstrations or disturbances. He was advised "that any action on your part which may reflect unfavorably upon either you or the institution can be considered grounds for suspension."5 Roberds, under date of February 5, 1967, wrote E. J. Cantrell, a Representative from his county in the Missouri Legislature, the following letter:

"* * * I assure you, I do not stand alone in my disgust with this institution. From suppression of speech and expression to ridiculous, trivial regulations this college has done more to discourage democratic belief than any of the world's tyrants. * * * My comrades and I plan on turning this school into a Berkeley if something isn't done."

Throughout both evenings of the mass demonstrations Roberds was present as a part of the crowd. On March 29, 1967, he arrived at the scene of the demonstration about 10:15 p. m. and returned to his dormitory about 10:45 p. m. On March 30, 1967, he arrived at the scene about 9:30 p. m. and remained until about 10:30 p. m. During the first night, while a part of the gathered crowd, he talked to students who were present in it. Roberds testified that the second evening, also while a part of the crowd at the demonstration, that "I discussed some of the things that were going on, the rocking of the cars and the dummy. At that time I mentioned my disgust with the college, and we talked, as the people I had talked to had the same feeling." He saw the dummy brought to the scene of the demonstration; saw it hung, torn up and burned by students in the crowd. He saw the cars approached by the students, saw the cars rocked, saw the attempts to take the occupants out of the cars. He returned to his dormitory after the dispersal of the gathering. He stated he was at the demonstrations each evening simply as a "spectator", not participating in any of the acts of violence or destruction.

Prior to directly disposing of the various issues and contentions it is helpful to set out certain pertinent fundamentals that may be generally involved.

Question of Jurisdiction:

Under Sections 1343(3), Title 28, and 1983, Title 42, U.S.C., and also in appropriate cases under Sections 2201 and 1331(a), Title 28, U.S.C., United States District Courts have jurisdiction to entertain and determine actions by students who claim unreasonably discriminatory, arbitrary or capricious actions lacking in due process and depriving a student of admission to or continued attendance at tax supported institutions of higher learning. The instant case was brought specifically as a Section 1983 case in equity and the Court has jurisdiction.

Question of Exhaustion of Remedies:

Counsel for defendants strongly urges that federal courts may not and...

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