Joseph Covell Brown v. Marcus Porter, et al.
ERISA SocialSecurity DueProcess FirstAmendment Privacy JusticiabilityDoctri
Whether the right to procedural due process in disciplinary proceedings involving suspension, expulsion or loss of housing in publicly funded institutions of higher education is clearly established
QUESTIONS PRESENTED In 2017, Joseph Brown was expelled from NSU despite being denied the due process afforded by the school’s disciplinary policy. His appeal was denied despite glaring errors in his expulsion. The Questions Presented are: Whether the right to procedural due process in disciplinary proceedings involving suspension, expulsion or loss of housing in publicly funded institutions of higher education is clearly established by the consensus of circuit court holdings. Whether the right to procedural due process in disciplinary proceedings involving suspension, expulsion or loss of housing in publicly funded institutions of higher education is clearly established by general constitutional principles. Whether qualified immunity shields government officials who fail to perform ministerial tasks. Whether qualified immunity shields government officials who assume discretionary authority that is not vested in them. Whether qualified immunity shields government officials who fail to follow the published procedures applicable to their tasks.