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TIGRETT v. RECTOR AND VISITORS OF THE UNIVERSITY OF VIRGINIA

No. 01-1473.

290 F.3d 620 (2002)

Harrison Kerr TIGRETT; Bradley Clark Kintz, Plaintiffs-Appellants, v. The RECTOR AND VISITORS OF THE UNIVERSITY OF VIRGINIA; John T. Casteen, III; John P. Ackerly, III; Charles M. Caravati, Jr.; Champ Clark; William G. Crutchfield, Jr.; William H. Goodwin, Jr.; T. Keister Greer; Elsie Goodwyn Holland; Timothy Robertson; Terence P. Ross; Albert H. Small; Elizabeth A. Twohy; Henry L. Valentine, II; Walter F. Walker; Benjamin Warthen; James C. Wheat, III; Joseph Wolfe, in their capacities as members of the University of Virginia Board of Visitors; William Harmon, in his individual capacity and in his official capacity as Vice President of Student Affairs of the University of Virginia; Karen Holt; Tillman Breckenridge; Sylvia Terry; Charles Tolbert; Shamim Sisson, in their individual capacities and in the official capacities as members of the University's Fact Finding Panel formed by the Vice President of Student Affairs, William W. Harmon; John Hevner; Matthew O'Malley; Steve Saunders; Mark Kringlen; Alton Powell Clark; Priya Kumar; Emily Halayko, in their individual capacities and in their official capacities as members of the University of Virginia Judiciary Committee, Fall 1998, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided May 14, 2002.

Attorney(s) appearing for the Case

ARGUED: Frank Lee Watson, III, Baker, Donelson, Bearman & Caldwell, P.C., Memphis, Tennessee, for Appellants. Richard Croswell Kast, Associate General/Special Assistant Attorney General, Office of the General, University of Virginia, Charlottesville, Virginia, for Defendants-Appellees. ON BRIEF: Frank L. Watson, Jr., Baker, Donelson, Bearman & Caldwell, P.C., Memphis, Tennessee, for Plaintiffs-Appellants. Paul J. Forch, General/Special Assistant Attorney General, Susan M. Davis, Associate General/Special Assistant Attorney General, Office of the General, University of Virginia, Charlottesville, Virginia, for Defendants-Appellees.

Before WILKINS, NIEMEYER, and KING, Circuit Judges.

Affirmed by published opinion. Judge KING wrote the opinion, in which Judge WILKINS and Judge NIEMEYER joined.

OPINION

KING, Circuit Judge.

Appellants Harrison Kerr Tigrett and Bradley Clark Kintz sued various officials connected to the University of Virginia (the "University") under provisions of the Civil Rights Act of 1871, 42 U.S.C. § 1983. Tigrett and Kintz, both former students at the University, were punished pursuant to its student disciplinary...

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