A former student's lawsuit against CMU over alleged violations of his Fourth Amendment rights has been dismissed.
Justin Vitale, Trenton native, filed the suit last July after he claimed that CMU officials entered his former room in Carey Hall in April 1999 without a search warrant. Vitale, who said in June that he isn't sure if or where he'll attend college this fall, represented himself in the case while Mount Pleasant Attorney Steve Martineau, of Lynch, Gallagher, Lynch & Martineau and University Council Eileen Jennings represented CMU.
Judge Peter Houk in Lansing's State of Michigan Court of Claims heard the case. Vitale had sued CMU for an excess of $25,000, along with exemplary damages and other costs.
"We filed a motion for summary disposition and it was heard July 12," Martineau said. "The judge dismissed the case. He signed the papers a week or so ago.
"The motion asserted that the university was immune, or could not be sued, because of a statute on governmental immunity. The court felt the claims were governed by that statute."
Vitale, who had 21 days after the judgment was entered to file an appeal, could not be reached for comment.
Last April, the Carey residence hall director requested that CMU Police go to Vitale's room after a resident hall assistant and a multicultural adviser were denied a room search by Vitale. The RHA and MA had allegedly heard loud music and a conversation about alcohol use from the room.
On April 26, Houk dismissed Vitale's claims that his Fourth Amendment rights, or his rights to privacy, were violated by CMU employees who Vitale felt were eavesdropping at his door.
In addition to other claims, Vitale also alleged he had received an intentional affliction of emotional distress from CMU because it had given him an allegedly unwarranted disorderly conduct violation after the incident. Houk also dismissed this allegation on April 26.
Martineau said the university is pleased that the whole lawsuit has been dismissed.
"The university thinks the judge's decision was appropriate, and that Michigan law is clear about this, that the university is immune to his claims," Martineau said. "The university feels good that the judge has accepted its position."
Vitale, 21, had missed a court date for his lawsuit on May 12 due to a suspended license. On May 23, he pled guilty in Isabella County District Court to driving while his license was suspended from a Jan. 20 incident.
Vitale had been pulled over by CMU Police Jan. 20 after leaving Wayside Central, 2000 S. Mission St. He failed a Breathalyzer test and was taken to the Isabella County Jail.
He received a $215 fine on June 21 for the DWLS charge. And on July 26, Vitale received a sentence in Isabella County District Court for the charge of operating a vehicle while intoxicated, also connected to the Jan. 20th arrest.
For the OWI offense, Vitale must pay a fine of $944.75, must complete a substance-abuse program and after-care program and must not consume alcohol or enter bars until his probation ends Jan. 24. In addition, he was sentenced to five days of community service and 93 days in jail, with 92 days suspended if his probation is completed.