An April 26 hearing for a summary disposition is the next step in the court case involving a CMU student suing the university over an alleged illegal room search.
Justin Vitale, Trenton sophomore, filed the suit in July 1999. Now living off campus, Vitale claims CMU officials entered his former room in Carey Hall in April 1999 without a search warrant, while Central maintains university officials acted appropriately.
Vitale, representing himself in the case, is suing CMU for an amount in excess of $25,000, along with exemplary damages and other costs. The university wishes for the case to be dismissed and that it be awarded costs and attorney fees.
Mount Pleasant Attorney Steve Martineau, of Lynch, Gallagher, Lynch & Martineau, and University Council Eileen Jennings represent CMU.
Judge Peter Houk in Lansing's State of Michigan Court of Claims presides over the case.
"We did file a motion for a summary disposition, which says certain parts of the lawsuit can't stand, and asks for the judge to dispose of the case," Jennings said.
Martineau filed the motion Friday. Vitale has "raised a number of issues, and our motion addresses some of the issues," Martineau said. "But not all of them at this point."
Vitale said he received a notice about the hearing on Saturday.
The lawsuit involves disputed events that took place on April 10, 1999. The Carey residence hall director requested that CMU Police go to Vitale's room after a resident hall assistant and a multicultural adviser, who allegedly heard loud music and a conversation about alcohol use from the room, were denied a room search by Vitale.
Vitale claims the RA and MA eavesdropped at the room he shared with two roommates and that his Fourth Amendment rights, including the right to privacy and freedom from illegal searches and seizures, were violated. He is also charging CMU with an act of assault and battery, intentional infliction of emotional distress and negligence in relation to the April 1999 incident.
The university maintains that the RA and MA, as university employees, had the right to overhear conversations and that school officials had a right to enter the room without a warrant. CMU also asserts that Vitale had caused a nuisance by yelling at the police officers.
After the events on April 1999, CMU cited Vitale and his roommates with disorderly conduct violations. But Vitale said no alcohol was found in his room and a Breathalyzer test indicated he had not been drinking.
At the April 26 hearing, Martineau said he hopes to renounce Vitale's claim that his right to privacy was violated by the RA and MA; Vitale's assertion of intentional affliction of emotional distress from CMU, which gave him an allegedly unwarranted disorderly conduct violation; and Vitale's claim that the actions of a CMU Police Officer constituted assault and battery.
Vitale alleges that he was "physically pushed down into a seat ... and talked to in a very threatening, rude and intimidating tone of voice" by an officer.
Thus far, Vitale has taken his roommates' testimonies and Martineau has taken depositions from Vitale and his two roommates.
Martineau said he also filed sworn court affidavits, in support of the motion for summary disposition, on Friday. The affidavits are sworn statements signed with an official witnessing the signature. Martineau filed affidavits from the police officer and the MA at the time of the incident.
The MA was conducting her rounds in Carey Hall along with the Carey Hall RA on April 10, 1999, Martineau said, and they heard something going on inside Vitale's room.
"Vitale claims it violated his rights of privacy," Martineau said of the incident. "But they were allowed to listen to what was going on. They were just doing their job. The affidavit says that. They weren't using electronic equipment or anything to be able to hear inside."
"Mr. Martineau is trying to smokescreen the whole issue," Vitale said. "Whether people were drinking in my room that night isn't the issue. The guts of the case is whether or not they had the right to come into my room."
But Martineau said Vitale's complaint contains several issues.
"I'm just going about my business to get rid of those issues I think should be eliminated," Martineau said.
According to the court schedule, the discovery phase of the case, which involves obtaining evidence and witnesses, shall be completed on or before June 15.
If the suit isn't settled, the first day of trial is slated for Oct. 2.