No. 20-6611

John Paul Mullaney v. University of St. Thomas

Lower Court: Minnesota
Docketed: 2020-12-11
Status: Denied
Type: IFP
IFP
Tags: academic-sanctions censorship civil-rights discovery discovery-rule due-process ferpa fifth-amendment
Key Terms:
AdministrativeLaw DueProcess EducationPrivacy Privacy
Latest Conference: 2021-02-19
Question Presented (AI Summary)

Is the intent of FERPA to protect the privacy of student and faculty as a preliminary subsociety, not use 20 U.S.C. § 1232g(a)(4)(B)G&ii) in a punitive manner to exclude discloser of evidence on student as a means towards censorship?

Question Presented (OCR Extract)

QUESTION PRESENTED ; Petitioner was in the civil process of recovering . a withheld property through replevin, that the University of St. Thomas Mn claimed was not in : procession and rescinding academic sanctions for the property being removed. The Court ruled the Property was in procession and be returned. However, the sanctions were not rescinded, since Discovery for evidence by the court was refused Discovery was sought to learn the process and rationale for the academic sanctions, nongermane contrived expulsion. Discovery Rule 29 or FERPA behooves granting access to the student Petitioner’s “written directive not complied with” and sanctioned. The Minnesota Supreme Court concurred with the Court of Appeals, citing lack of Petitioner's material fact are “mere : averments”, despite being briefed by the Petitioner’s that substantiating evidence of the academic sanctions is the student’s competing and heightened deterrent for access and amend conferred, in part, by 20 U.S.C. § 1232g (FERPA). The Material fact that sanctions exist suggests there is alleged evidence without refute. Refutable evidence concedes access to investigate and amend. through the due process of discovery. THE QUESTION PRESENTED IS Is the intent of FERPA to protect the privacy of student and faculty as a preliminary subsociety, not use 20 U.S.C. § 1232g(a)(4)(B)G&ii) in a punitive manner to exclude discloser of evidence on student as a means towards censorship? If college hearings rises to the level of capricious by the courts for review, should Discovery Rule 29 and : those evident material facts be relevant towards Due Process in the Fifth Amendment to the United States Constitution? ii LIST OF PROCEEDINGS CIVIL PROCEEDINGS IN MULLANEY V. ST. THOMAS Minnesota Supreme . Court No. A19-0964 John, Paul Mullaney, Petitioner, v. University of St. Thomas, by and through its Commissioner of Higher Education, Betsy Talbot , Respondent. Decision Date: June 22, 2020 Minnesota Appeals Court No. A 19-0964 John, Paul Mullaney, Petitioner, v. University of St. Thomas Decision Date: June 17, 2019 Minnesota Fourth Judicial District Court, Hennepin County Cause No. 27-CV-18-16185 John, Paul Mullaney, Petitioner, v. University of St. Thomas, Decision Date: June 1, 2019

Docket Entries

2021-02-22
Petition DENIED.
2021-01-21
DISTRIBUTED for Conference of 2/19/2021.
2020-09-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 11, 2021)

Attorneys

John P. Mullaney
John Paul Mullaney — Petitioner
John Paul Mullaney — Petitioner