Morale v. Grigel

• Citation: 422 F. Supp. 988
• Decision Date: 09 November 1976
• Docket Number: Civ. A. No. 76-211.
• Parties: James J. MORALE v. Michael GRIGEL, as Resident Assistant at New Hampshire Technical Institute, Concord, New Hampshire, et al.
• Court: U.S. District Court — District of New Hampshire

422 F. Supp. 988

James J. MORALE v. Michael GRIGEL, as Resident Assistant at New Hampshire Technical Institute, Concord, New Hampshire, et al.

Civ. A. No. 76-211.

United States District Court, D. New Hampshire.

November 9, 1976.

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Jon Groetzinger, Jr., McLane, Graf, Greene, Raulerson & Middleton, Manchester, N. H., for plaintiff.

James C. Sargent, Jr., Atty. for the State of N. H., Concord, N. H., for defendant.

OPINION

BOWNES, District Judge.

This civil rights action, brought under 42 U.S.C. § 1983, concerns the suspension of a student of the New Hampshire Technical Institute for possession of marijuana. Plaintiff contends that his suspension was based upon evidence illegally seized from his dormitory room at the Institute on May 23, 1976, in violation of his Fourth and Fourteenth Amendments rights under the United States Constitution. He claims that the evidence should have been excluded from the disciplinary hearing. He also alleges that his disciplinary hearing and appeal hearing were so partial and lacking in procedural safeguards as to violate his rights under the Due Process Clause of the Fourteenth Amendment. He seeks an injunction reinstating him at the school and a declaration that the searches of May 22 and 23, and the school's disciplinary procedures were violative of the Constitution. U.S. Const. Amend. I and IV. Jurisdiction is based upon 28 U.S.C. § 1343(3), (4).

Plaintiff, James Morale, a citizen of the United States and a resident of Barre, Vermont, was a first year student at the New Hampshire Technical Institute (NHTI) during the 1975-76 academic year. He lived in the men's residence hall on the NHTI campus.

Defendant Michael Grigel was a second year student at NHTI and was employed by NHTI as a Resident Assistant at the men's residence hall during the 1975-76 academic year.

Defendant Dr. David E. Larrabee, Sr., is and was, at all relevant times, the Director of NHTI. Under NH RSA 188-A:2-a (Supp.1975), Larrabee is "responsible for the administration and operation of the technical institute . . .." Larrabee, as Director, was responsible for the procedures followed during Morale's disciplinary hearing and heard his appeal therefrom.

Defendant Charles L. Downs is a teacher at NHTI and was the chairperson of the Level II Committee that heard Morale's disciplinary hearing.

Defendant David Bashaw is a teacher at NHTI and was the Advisor to the Judicial Committee at NHTI at all relevant times.

Defendant Edith Lane is the Nurse at NHTI and the Head Resident at the men's residence hall. She participated in two of the searches in question, signed the incident report, and was a witness against Morale.

Defendant Gene Morrisette is a Campus Security Officer at NHTI. He signed the incident report and testified against Morale at his disciplinary hearing.

Defendants Sewade, Boulay, Andrews, Tunney, McCraren, St. Lawrence, Moore and Hobden are sued as members of the Level II Committee which heard Morale's disciplinary hearing and found him guilty.

THE FACTS

The facts as found by this court are based upon the testimony adduced at the evidentiary hearings, the exhibits submitted and the affidavits of Gene Morrisette, Security Officer at NHTI, and Edith Lane, Head Resident and Nurse of NHTI.

Sometime during Friday, May 21 or Saturday, May 22, 1976, the stereo of Joseph Martin, a student at NHTI, was stolen from his room. He discovered the theft on Saturday evening. At approximately 9:30 P.M., Michael Grigel, the dormitory student Resident Assistant, indicated to Lane that he wanted to conduct a room check for the stereo. Lane told Grigel that he could not check rooms alone and accompanied him. See Defts.' Ex. 16 at 7; Pl's. Ex. 1 at 5, 27; Affidavit of Fillion, Larrabee and Lane, August 17, 1976. They testified that, if the student was in his room, they asked him for permission to search; however, they added that they also checked the rooms of absent students, using Lane's pass key to gain entry.

In the course of the room-to-room search for the stereo, Morale's room was checked. Morale let Grigel and Lane into his room, but was not asked and did not give them formal permission to enter or to search. Morale testified, as did other students, that he simply assumed that Lane and Grigel had the authority to check the rooms. Although Grigel and Lane did not look into drawers, they checked the closet and the space under the bed. After he noticed that a tile was out of place, Grigel looked into the area above the suspended ceiling and saw the silhouette of a small bag above the ceiling tiles. Grigel and Lane testified that there was a "purple haze" in Morale's room, which they both assumed to be marijuana smoke. Sometime later, Lane heard Grigel instruct Morale to get rid of his "pot."

It is clear that this initial inspection on Saturday evening was performed under the authority granted Lane and Grigel by NHTI in their respective capacities as Head Resident and Resident Assistant. They acted in their official capacities pursuant to the power NHTI assumes under Resident Hall Rules.

The Resident Assistant is also responsible for the conditions of student rooms and public areas on their floor which include vandalism, care on inventory and general cleanliness. sic Defts.' Ex. 16 at 5.

See also Pl's. Ex. 1 at 27.

When they did not find the missing stereo in the dormitory, Grigel announced that he would search the cars of dormitory residents. Apparently, all students who owned cars complied with Grigel's demand to allow such a search. After the search of the automobiles and when the stereo was not found, Lane reported the theft to the Concord Police.

Sometime after the search of the automobiles, Grigel decided to check Morale's room again. He resolved to do so because he had seen the dislocated ceiling tile in Morale's room, a stereo could have been hidden above the suspended ceiling, and because he had not looked at the entire area.

Grigel did not have a pass key to the dormitory rooms, and Morale's room was, at that time, locked. Joe Martin and James Bartlett accompanied him. Grigel stated to them that he was convinced that Morale had stolen the stereo and that he wanted to search Morale's room again. He tried to open Morale's door by using a plastic card, and, when he failed, he asked Bartlett to get the pass key from Lane. He instructed Bartlett to tell Lane that he, Bartlett, had locked himself out of his room and needed a key to get in. Bartlett did so, and the three of them went into Morale's room and searched it for approximately five minutes, looking specifically above the ceiling tiles. Grigel conducted the search without Lane and without any actual authority. They found nothing except that Bartlett saw a crumpled object above the ceiling. There was testimony that Grigel, at this time, was angry enough to "have laid Morale on the floor." Brzekaza Testimony. Grigel then returned the pass key to Lane.

By Sunday morning, May 23, 1976, there was general concern about the stereo and several other missing items, including some marijuana, and tempers were riled. Two students, Warren Winchester and Steve Canning, went to talk to Morale in his room sometime that morning. After some pounding on the door, Morale let them in. They entered the room, but did not search it. They retired to Steve Schneider's room where the three of them discussed the events. There was testimony that those three students returned to and searched Morale's room. Then Grigel and Bartlett joined them. Bartlett told the group of the crumpled paper he had seen above the ceiling tiles. They decided to confront Morale once again. Grigel was on duty as a proctor at the time and assumed a general authority to search for stolen property. The group pounded on Morale's door and went in when Morale opened it. There was yelling and threats against Morale, and Grigel was particularly upset. He told Morale to get the "stuff" back within one hour "or else." By that, he meant the stereo, the missing marijuana and, perhaps, a missing watch belonging to Bartlett. Morale was very upset and denied taking anything. The students inspected the room thoroughly, including the drawers, closets, and suspended ceiling. They found only an empty crumpled cracker wrapper above the ceiling tiles. In the course of the search, Grigel knocked over and broke a glass jar. Tempers flared, and Morale told them to get out. At approximately that time, Steve Canning took a silver colored plastic film container off a bookshelf near the door and opened it. It is agreed by all parties that there were marijuana seeds in the container. Morale said that they were his. Canning left the film canister on the desk, and the group departed.

Morale left his room and went downstairs with Robert Waldron, another NHTI student. Upon the advice of Waldron, he tried to locate Lane. They found her approximately one-half hour later and told her of the searches and threats. She went to Schneider's room to tell the students to leave Morale alone. Grigel immediately related that they had seen some marijuana in Morale's room. Lane proceeded there at once with Grigel and several others to verify this report. She knocked and, when there was no answer, opened the door with her pass key. Grigel went in, removed the canister and a pipe from the desk and presented them to Lane. She took the items downstairs and confronted Morale with them. She asked him what the items were and to whom they belonged. He explained that he had found some marijuana seeds and a pipe in his belongings as he packed. He acknowledged that they were both his. Lane informed him that she would have to apprise the authorities of the situation.

On Monday morning, May 24, Grigel reported the affair to Gene Morrisette, the campus Security Officer. Grigel related the story of the missing stereo, the Saturday night search with Lane and Sunday's confiscation of the...