Defeo v. McAboy

260 F. Supp. 2d 790 (2003)

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Defeo v. McAboy

United States District Court for the Eastern District of Missouri
260 F. Supp. 2d 790 (2003)

Facts

Ben DeFeo (plaintiff) and Christopher McAboy (defendant) were both students at Rockhurst College. One night, DeFeo was standing in McAboy’s front yard when McAboy, who was intoxicated, drove into DeFeo with his car and injured DeFeo. The incident was investigated by the Rockhurst College Safety and Security Department. A college disciplinary proceeding was initiated against McAboy. In addition, DeFeo filed a lawsuit against McAboy seeking damages for DeFeo’s injuries. DeFeo issued a subpoena to Rockhurst College seeking all documents related to the incident, including those maintained by the Rockhurst law-enforcement agency and college disciplinary proceedings. The college objected to disclosure, arguing that many of the documents were educational records protected under the Family Education Rights and Privacy Act (FERPA). The college then submitted the requested documents under seal to the district court. McAboy filed a motion for a protective order to prevent disclosure.

Rule of Law

Issue

Holding and Reasoning (Noce, J.)

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