DEVERS v. SOUTHERN UNIVERSITY
712 So.2d 199 (1998)
Patrick N. DEVERS
SOUTHERN UNIVERSITY and A & M College.
Patrick N. DEVERS
Gerald C. PEOPLES, et al.
Nos. 97 CA 0259, 97 CA 0260.
Court of Appeal of Louisiana, First Circuit.
April 8, 1998.
Bernard J. Hardy, Baton Rouge, for Plaintiff/Appellee Patrick Devers.
Winston G. Decuir, David G. Sanders, Linda Law Clark, Baton Rouge, for Defendant/Appellant Southern University.
Before CARTER and FITZSIMMONS, JJ., and CHIASSON,1 J. Pro Tem.
This is an appeal by Southern University and A & M College (Southern University) from a trial court judgment declaring its dormitory sweep policy prima facie unconstitutional. The plaintiff, Patrick Devers (Devers), answered the appeal asserting the trial court erred in dismissing a number of defendants and denying his discovery motions and request for sanctions.2FACTS AND PROCEDURAL HISTORY
On March 8, 1995, Devers, a student at Southern University, was arrested following the discovery of twelve bags of marijuana in his dormitory room. The discovery was made pursuant to a dormitory sweep authorized by Southern University's Housing Agreement, which students living in campus housing are required to sign. Devers was issued an administrative expulsion and prohibited from attending classes.
On March 23, 1995, Devers filed a suit for damages and an injunction against Southern University. Devers sought a temporary restraining order from his expulsion. On March 27, 1995, the trial court issued an order vacating Devers' administrative expulsion and ordering Devers to only be suspended from classes until the Judiciary Committee of Southern University determined whether he had violated the Southern University code of conduct manual. The Judiciary Committee was scheduled to hold a hearing on March 30, 1995.
On March 28, 1995, while Devers was on the Southern University campus attempting to gather evidence for his disciplinary hearing before the Judiciary Committee, he was detained, arrested, and forced off the campus. Devers filed a Rule for Contempt on March 30, 1995, alleging Southern University's actions violated the March 27, 1995 court order. After hearing the charges against Devers, the Judiciary Committee found Devers guilty of the following violations of the code of student conduct: 1.13 Manufacturing, Distributing, or Selling Drugs or Narcotics; 1.14 Possession of Drugs, Narcotics or Marijuana.
The Judiciary Committee recommended Devers be expelled from Southern University. In a letter dated March 31, 1995, Gerald Peoples, the Vice Chancellor of Student Affairs, notified Devers that he agreed with the recommendation of expulsion and informed Devers of the appeal procedure. Devers never pursued the appeal procedure. Instead, on April 10, 1995, Devers amended his original suit and asserted an action under 42 U.S.C.A. § 1983,3 arising out of the alleged unconstitutional search of his dormitory room.