Evans v. Gordon
2:24-cv-10289
| E.D. Mich. | Dec 3, 2024Background
- Plaintiffs, Andrew Evans and Ryan Geheb, were student-athletes at Oakland University involved in an incident where a teammate pointed a toy Nerf gun at passersby as a prank.
- Neither Evans nor Geheb were identified as participants in the prank by any witness; the prankster, Washington, is African-American, while Evans and Geheb are white.
- Police arrested all three students for armed robbery, despite witnesses not perceiving the incident as a real threat and not wanting to press charges.
- After the incident, the students faced criminal charges (later dropped) and university disciplinary proceedings, including a suspension and multiple code of conduct charges.
- Plaintiffs allege the university’s disciplinary process lacked due process and was improperly influenced by staff; they also alleged unconstitutional arrest and prosecution by police.
- Defendants moved to dismiss on the basis of qualified immunity (for officers) and failure to state a claim (for university officials).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| False arrest/malicious prosecution | No probable cause for arrest; not involved in prank | There was probable cause under any number of possible offenses | Motion to dismiss denied |
| Due process – four-day suspension | Suspended without notice or opportunity to respond | Suspension proper; due process permitted post-suspension hearing | Motion to dismiss denied |
| Procedural due process (disciplinary hearing) | Biased hearing; not allowed to present evidence; tainted process | Plaintiffs failed to pursue available appeal process | Motion to dismiss granted |
| Equal Protection (race-related discipline) | Treated the same as more culpable teammate for appearance’s sake | No disparate treatment based on race; only conclusory allegations | Motion to dismiss granted |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (pleading standard for plausible claims)
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (plausibility standard for motions to dismiss)
- Pearson v. Callahan, 555 U.S. 223 (qualified immunity standard)
- Goss v. Lopez, 419 U.S. 565 (due process protections for student suspensions)
- Devenpeck v. Alford, 543 U.S. 146 (probable cause may support arrest for any offense supported by facts)
- Zinermon v. Burch, 494 U.S. 113 (procedural due process requires examining adequacy of state procedures)