Rosenfeld v. Ketter

Alan Rosenfeld (plaintiff), a third-year law student at the State University of New York at Buffalo (Buffalo) (defendant), was arrested and subsequently suspended following a student-led protest on Buffalo’s campus. Prior to the protest, Rosenfeld discussed his plans with Ronald Stein, the assistant to the university president, and stated that he would attend the protest as a legal observer to witness any arrests and prevent violence. Stein informed him that the building at which the protest was scheduled to take place would close at 2:00 a.m. and that anyone still there would be arrested, without exception. At the protest, the director of public safety ordered students to leave and informed them that anyone not complying would be arrested and would be suspended if he or she was a student. Rosenfeld attempted to explain his role as a legal observer and stated that he would voluntarily leave after arrests were made. At 2:40 a.m., Rosenfeld was arrested and charged with third-degree trespass. Rosenfeld was then served with a notice of suspension and a summons for a formal hearing. Four days later, Rosenfeld’s suspension was lifted. However, at a subsequent formal hearing, a disciplinary committee decided that Rosenfeld should be placed on academic probation for the rest of the semester. Rosenfeld’s suit seeking declaratory relief was based on two arguments: (1) that he was denied due process because his suspension occurred before a formal hearing took place; and (2) that his suspension order violated his free-speech rights under the First Amendment. A district court granted summary judgment to Buffalo. Rosenfeld appealed.