After 10 days of deliberation, a U.S. District Court judge dismissed a $1.5 million lawsuit against the University. The dismissal brings an end to two years of litigation over a University Judiciary Committee decision against three University students.
The dismissal came four days before a pretrial hearing was scheduled to begin for the lawsuit.
Harrison Tigrett and Bradley Kintz, whose cases had been consolidated, alleged that the University Judiciary Committee violated their right to due process. Richard Smith lost his lawsuit against the University in October.
The UJC suspended all three students for participating in the 1997 assault on then first-year student Alexander "Sandy" Kory above the Ruffner Footbridge on Newcomb Road. Richard Smith also was suspended for his participation in the assault.
Although U.S. District Court Judge Norman K. Moon said he was unable to comment on specifics of the decision, he said he filed his 17-page judgment Friday morning. It stated that Tigrett and Kintz did not have enough evidence to take the case to trial.
The decision came after University General Counsel made a motion on January 20 for a summary judgment in the case.
"We're very gratified by the decision," University General Counsel Richard C. Kast said.
Tigrett and Kintz have 30 days from Friday, March 2 to file an appeal of Moon's judgment.
If the judgement is appealed, the case will go to the Fourth Circuit Court of Appeals for trial. If Kintz and Tigrett do not appeal, Moon's decision will bring an end to the trio of million dollar lawsuits that resulted from the 1997 assault and subsequent University disciplinary actions.
Legal complications began when neither Tigrett, Smith nor Kintz were present at their student disciplinary hearing after the assault because they thought the hearing had been postponed.
The UJC expelled Kintz, Smith and Tigrett from the University after conducting the hearing. The defendants then appealed to the Judicial Review Board, which handed the case to William W. Harmon, University vice president for student affairs.
Harmon appointed an investigative council in May 1999 to study the case.
University President John T. Casteen III made the final decision in the case and Tigrett was suspended for one year, Kintz was suspended for a semester, and Smith was suspended for two years.
A U.S. district court already decided against Smith's $1.25 million lawsuit. Smith's window of opportunity to file an appeal already has closed.
"To my knowledge there are no other cases pending [against the University] involving student disciplinary matters," Kast said.
Neither Kintz nor Tigrett could be reached for comment.
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