Picozzi v. Sandalow

• Decision Date: 02 January 1986
• Docket Number: Civ. A. No. 84-CV-7406-AA.
• Citation: 623 F. Supp. 1571
• Parties: James M. PICOZZI, Plaintiff, v. Terrance SANDALOW, Individually and in his Official Capacity as Dean of the University of Michigan Law School; et al., Defendants.
• Court: U.S. District Court — Western District of Michigan

623 F. Supp. 1571

James M. PICOZZI, Plaintiff, v. Terrance SANDALOW, Individually and in his Official Capacity as Dean of the University of Michigan Law School; et al., Defendants.

Civ. A. No. 84-CV-7406-AA.

United States District Court, E.D. Michigan, S.D.

January 2, 1986.

COPYRIGHT MATERIAL OMITTED

William M. Kunstler, Ronald L. Kuby, Kunstler & Mason, and Mark B. Gombiner, Gombiner & Avenia, New York City, for plaintiff.

Theodore Sachs, Sachs, Nunn, Kates, Kadushin & O'Hare, Detroit, Mich., and Peter A. Davis, Davis & Fajen, Ann Arbor, Mich. (Roderick D. Daane, Gen. Counsel, University of Michigan, Ann Arbor, Mich.), for defendants.

OPINION

FEIKENS, Chief Judge.

Plaintiff James M. Picozzi ("Picozzi") brings this action against defendant Dean Terrance Sandalow¹ ("Sandalow") citing the Constitution of the United States and 42 U.S.C. § 1983, seeking both injunctive and monetary relief. Since an administrative hearing held pursuant to the parties' agreement resolved Picozzi's claim for injunctive relief,² only his damage claim remains before me. Both Picozzi and Sandalow move for Summary Judgment. I have jurisdiction pursuant to 28 U.S.C. §§ 1331, 1343.

I. FACTS

During his second year at the University of Michigan Law School, Picozzi leased room K-33 in the Lawyers Club, the law school student residence. At about 4:00 a.m. on March 8, 1983, fire broke out in his room. Picozzi alleges that he awoke and attempted to leave the room and that because flames blocked the doorway to the hall, he used the third floor window to exit the room. He says he attempted initially to stay on the windowsill, but eventually either jumped or fell to the ground. As a result, he sustained burns and a fractured vertebra. He was treated at the University of Michigan Hospital from March 8 to April 2, 1983; he then transferred to the University of Pittsburgh Hospital in order to be closer to his family. He remained hospitalized until sometime in May, 1983, and in a body cast until October, 1983.

By April, 1983, it appeared that Picozzi would be physically unable to return to school during the 1983 Winter Term. On April 1, 1983, Associate Dean Eklund informed Picozzi's father that Picozzi had been disenrolled for the remainder of the 1983 Winter Term. See Complaint, Ex. J. Sandalow maintains, as recited in Dean Eklund's letter, that Picozzi was disenrolled at the request of Picozzi's father, in order to facilitate tuition and lease rebates. Although Picozzi denies that either he or his father ever requested disenrollment, it is clear that his father at least sought information regarding tuition adjustments for students absent from school for an extended period for medical reasons. See Complaint, Ex. K. I note that this factual dispute is not material to resolution of the case.

The fire aroused concern within the Law School community. In its March 16, 1983, edition, the Law School newspaper, Res Gestae, carried a front page story on the fire and its aftermath. The story included Sandalow's statement expressing distress over the incident and urging that rumors be quelled. See Complaint, Ex. G. On April 4, 1983, Sandalow again addressed the Law School community in an effort to calm the understandable anxiety created by acts of violence, including the fire within the dormitory. See Complaint, Ex. I.

Both public statements alluded to an on-going police investigation of the fire. That investigation led the Ann Arbor Police Department to conclude almost immediately that the fire had been deliberately set. See Complaint, Ex. A at 15, 17. The investigators also concluded that Picozzi himself had likely set the fire. See Complaint, Ex. A at 115-16. Nonetheless, the Washtenaw County Prosecutor's Office declined to prosecute the case. See Complaint, Ex. A at 116, 118.

On May 13, 1983, Sandalow wrote Picozzi informing him that he would not be allowed to re-enroll at the Law School unless he either took and passed a polygraph test conducted by the police department or prevailed at an administrative hearing. Sandalow noted that "the Law School and the University have an independent interest in determining the identity of the person responsible, especially because the continuing presence of that individual within the community would create a serious risk to its members." Complaint, Ex. N. On June 29, 1983, Sandalow again wrote to Picozzi asking for a prompt reply in the interest of resolving the matter prior to the beginning of the 1983 Fall Term. See Complaint, Ex. O.

Picozzi responded to Sandalow's letters on July 18, 1983, stating that he was "not yet prepared to give a full response to defendant's ultimatum." Sandalow Affidavit, First Attachment. Although Sandalow replied on July 29, 1983, his letter was returned unclaimed. Sandalow Affidavit ¶ 6 and Second Attachment. In any event, the matter was not resolved prior to the 1983 Fall Term.

On November 7, 1983, Picozzi requested a letter from Sandalow regarding his academic status at the Law School. See Complaint, Ex. P. On November 16, 1983, Sandalow responded:

I am writing in response to your letter of November 7, 1983 requesting a statement regarding your academic standing and a copy of your transcript. A copy of your transcript is enclosed.

My understanding is that you are currently on a leave of absence from the Law School, having withdrawn while in good academic standing. A question remains regarding your eligibility to re-enroll. As I wrote on May 13, 1983 and again on June 29, 1983, information that we have received from the police has raised a question regarding your responsibility for the fire in your room on March 8. My hope, as I have previously written, is that the question of your responsibility might be resolved by your taking a polygraph examination as requested by the Ann Arbor Police. Were you to take and pass such an examination, under the circumstances stated in my earlier letters, you would of course be eligible to re-enroll at the Law School. If, however, you decide against taking the examination or if you fail to pass it, a hearing would be necessary to determine your eligibility to re-enroll.

Complaint, Ex. Q.

On November 23, 1983, Picozzi asked Sandalow to write to James Thomas, Dean of Yale Law School, informing him that Picozzi is "currently on leave of absence from the University of Michigan Law School, having withdrawn while in good academic standing." Complaint, Ex. R. On November 29, 1983, Sandalow replied that "it would be misleading for me to write the requested letter without a further statement indicating that there is a question regarding your eligibility to re-enroll at the Law School." Complaint, Ex. S. On December 5, 1983, Picozzi repeated his request for an unqualified letter. See Sandalow Affidavit, Third Attachment. Sandalow replied on December 13, 1983, with a proposed letter to Dean Thomas including an explanation regarding Picozzi's conditional eligibility to re-enroll. See Complaint, Ex. T. Picozzi rejected the proposed letter. See Complaint, Ex. U. This ended the parties' communications with each other.

On July 30, 1984, Picozzi's counsel demanded that Sandalow write an unqualified letter of good standing. See Complaint, Ex. V. Sandalow refused. See Complaint, Ex. W. On August 24, 1984, Picozzi filed this lawsuit against the Regents of the University of Michigan, President Shapiro, and Dean Sandalow.

His complaint contains five counts. Count I alleges that defendant deprived plaintiff of liberty and property without due process of law. Count II alleges that defendant violated plaintiff's right to equal protection of the laws by conditioning his re-enrollment on successful completion of a polygraph exam or an administrative hearing. Count III alleges that defendant unconstitutionally conditioned the enjoyment of plaintiff's liberty and property upon plaintiff's waiver of his privilege against self-incrimination. Count IV summarily alleges that an "ex parte and ultra vires adjudicative mechanism" violated plaintiff's rights to equal protection of the law. Complaint ¶ 122. Count V alleges that defendant breached a contract with plaintiff.³

II. PROCEDURAL DUE PROCESS

Picozzi's core claim is that Sandalow denied him procedural due process by detrimentally altering his status at the University without first affording him a hearing. Procedural due process claims require a two-step analysis. First, I must determine whether Sandalow deprived Picozzi of any liberty or property interest. Second, assuming I so find, I must determine whether the deprivation occurred without due process. See Morrissey v. Brewer, 408 U.S. 471, 481, 92 S.Ct. 2593, 2600, 33 L.Ed.2d 484 (1972) ("once it is determined that due process applies, the question remains what process is due."); Benson v. Scott, 734 F.2d 1181, 1184 (7th Cir.1984), cert. denied, ___ U.S. ___, 105 S.Ct. 435, 83 L.Ed.2d 361 (1984) ("The usual analysis of a due process claim proceeds sequentially. First, one determines ... whether a protected property interest exists at all. If such an interest is found, one determines what procedures must be followed...."). In resolving these issues I note that both parties seek Summary Judgment, and that there are no material facts that are controverted.

A. Deprivation of Protected Interest

The first question I must decide is whether Sandalow deprived Picozzi of a protected interest. I hold that he did. The gravamen of Picozzi's claim is that Sandalow altered his good standing at the Law School, making it impossible for him freely to pursue his studies there or at any other accredited law school. Picozzi could not return to his studies at the University of Michigan because of conditions imposed upon his re-enrollment. He could not complete his studies at any other accredited law school because no such law school would accept him as long as his status at the University of Michigan was less than unqualifiedly good.

A public university student has a...