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OSTEEN v. HENLEY

No. 93-1151.

13 F.3d 221 (1993)

Thomas OSTEEN, Plaintiff-Appellant, v. Barbara HENLEY, in her personal capacity and also in her official capacity as Vice President for Student Affairs of Northern Illinois University, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided December 30, 1993.

Attorney(s) appearing for the Case

T. Jordan Gallagher, William P. Brady, Kurt Peter Klein, Gallagher, Klein & Brady, DeKalb, IL, Howard R. Wertz, Lynwood, IL (argued), for plaintiff-appellant.

Gregory K. Harris, Asst. U.S. Atty., Giffin, Winning, Cohen & Bodewes, Springfield, IL (argued), George M. Shur, Northern Illinois University University Legal Counsel, DeKalb, IL, for defendants-appellees.

Before POSNER, Chief Judge, MANION, Circuit Judge, and FOREMAN, District Judge.

POSNER, Chief Judge.

Late one night, as Thomas Osteen, an undergraduate at Northern Illinois University, was leaving a bar in the company of two male friends and the girlfriend of one of them, the girlfriend began "mouthing off to a male [another student] who was outside of a bar who decided to mouth off to her and the two of them mouthed out to each other and he didn't realize she was with three football players so when he realized that he was mouthing off to a young...

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