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IOTA XI CHAPTER, SIGMA CHI FRATERNITY v. PATTERSON

No. 08-1417.

566 F.3d 138 (2009)

IOTA XI CHAPTER OF SIGMA CHI FRATERNITY, George Mason University; Ryan Duckwitz, Consul, Iota Xi Chapter of Sigma Chi Fraternity; Justin Pietro, Pro Consul, Iota Xi Chapter of Sigma Chi Fraternity, Plaintiffs-Appellants, v. Pamela PATTERSON, Associate Dean of Students, individually and in her official capacity; Michele Goubadia, Associate Director for Student Activities, Greek Life, individually and in her official capacity; Girard Mulherin, Dean of Students, individually and in his official capacity; Sandy Hubler, Vice President of University Life, individually and in her official capacity; Alan G. Merten, President, individually and in his official capacity, Defendants-Appellees, and George Mason University, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: May 13, 2009.

Attorney(s) appearing for the Case

ARGUED: Christopher Aldo Porco, the Law Offices of Christopher Aldo Porco, P.L.L.C., Washington, D.C., for Appellants. Stephen R. McCullough, Office of the Attorney General Of Virginia, Richmond, Virginia, for Appellees. ON BRIEF: William C. Tucker, Butler, Williams & Skilling, P.C., Richmond, Virginia, for Appellants. Robert F. McDonnell, Attorney General of Virginia, William E. Thro, Special Counsel, William C. Mims, Chief Deputy Attorney General, David G. Drummey, Brian E. Walther, K. Anne Gambrill Gentry, Assistant Attorneys General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellees.

Affirmed by published opinion. Judge KING wrote the opinion, in which Judge MOTZ and Judge DUNCAN joined.

OPINION

KING, Circuit Judge:

The Iota Xi Chapter of Sigma Chi Fraternity (the "Chapter") and two of its officers, Ryan Duckwitz and Justin Pietro, sued George Mason University (the "University") and several of its administrators1 in the Eastern District of Virginia, alleging, inter alia, constitutional claims under 42 U.S.C. § 1983. The Chapter and certain of its members were sanctioned...

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