Tun v. Whitticker
United States Court of Appeals for the Seventh Circuit
398 F.3d 899 (2005)
- Written by Daniel Clark, JD
Facts
Brandon Tun (plaintiff) and three of his teammates on the Wayne High School wrestling team were photographed by the team’s student manager while they showered in the school locker room. The four wrestlers played along, although it was unclear whether they believed the manager had film in his camera. Joselyn Whitticker (defendant), the school’s principal, began expulsion proceedings against the students, citing a rule that listed participating in public indecency on school property as an expellable offense. Tun was expelled on the grounds that he allowed naked photos of himself to be taken in the locker room. Tun successfully appealed the decision and had the expulsion expunged from his disciplinary record. Tun then sued Whitticker pursuant to 42 U.S.C. § 1983, alleging that Whitticker’s attempt to expel him was such an egregious exercise of poor judgment that it violated his substantive-due-process rights under the United States Constitution. A magistrate judge of the district court ruled in favor of Tun, and Whitticker appealed.
Rule of Law
Issue
Holding and Reasoning (Evans, J.)
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