John Doe v. Purdue University, et al.
ERISA DueProcess JusticiabilityDoctri
Should this Court exercise its supervisory authority to preserve the appearance and fact of justice by requiring review now of a denial of recusal for bias shown pursuant to 28 U.S.C. § 144 and 28 U.S.C. § 455
QUESTIONS PRESENTED 1. Should this Court exercise its supervisory authority to preserve the appearance and fact of justice by requiring review now of a denial of recusal for bias shown pursuant to 28 U.S.C. § 144 and 28 U.S.C. § 455 that otherwise would mean a trial before a biased Magistrate Judge, the bias shown in his rulings and the extra-judicial bias in his nomination to the Seventh Circuit, who would then be a colleague of the Seventh Circuit judges at the time of an appeal from a final judgment? 2. Is it an important federal question for this Court’s consideration whether denials of recusal for bias shown pursuant to 28 U.S.C. §144 and 28 U.S.C. § 455 be subject to appellate review per the collateral order doctrine of Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 546 (1949) and Coopers & Lybrand v. Livesay, 437 U.S. 463, 468 (1978), particularly given, as this Court held in Rose v. Clark, 478 U.S. 570, 577 (1986), that as a matter of constitutional law adjudication before a biased judge requires reversal regardless of the evidence and bias cannot effectively be adjudicated in an appeal of a final judgment? li PARTIES John Doe (“John”), a Court authorized pseudonym, is a natural person who during the 2015-2016 school year, was a student at Defendant Purdue University (“Purdue”) and a Navy ROTC midshipman living in Purdue’s oncampus residence halls. Other than the case with Jane Doe, John had no other sexual misconduct disciplinary cases at Purdue. (Dist.Ct. DE 183: Def. Answer {7 4, 82; Dist.Ct. DE 6: Rollock Dep tr 56; Dist.Ct. DE 15: Oliver Dep tr 77.) Purdue is a land grant university established by the State of Indiana and is located on a main campus in West Lafayette, Indiana and on three regional campuses in Indiana. Purdue has 13 colleges and schools. Purdue is audited by State of Indiana auditors, the beneficiary of state authorized bonds and the recipient of state and federal grants. Purdue received hundreds of millions of dollars of federal funding in 2016. (Dist.Ct. DE 3: Def. Answer 7 5, 118.) NO CORPORATE DISCLOSURE There is no corporate disclosure required.