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BARNES v. ZACCARI

No. 10-14622.

669 F.3d 1295 (2012)

Thomas Hayden BARNES, Plaintiff-Appellee, v. Ronald M. ZACCARI, individually and in his official capacity as President of Valdosta State University, Board of Regents of the University System of Georgia, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

February 7, 2012.

Attorney(s) appearing for the Case

Robert Corn-Revere , Christopher A. Fedeli , Erin Nedenia Reid , Lisa Beth Zycherman , Davis Wright Tremaine, LLP, Washington, DC, Travis C. Barham , Alliance Defense Fund, Lawrenceville, GA, Cary Stephen Wiggins , Cook, Youngelson & Wiggins, Atlanta, GA, for Plaintiff-Appellee.

David C. Will , Holly Hance , Royal Washburn Will , Lawrenceville, GA, for Defendants-Appellants.

Before DUBINA, Chief Judge, COX, Circuit Judge, and GOLDBERG, Judge.

COX, Circuit Judge:

In 2007, in the wake of the massacre at Virginia Tech, Ronald Zaccari, the President of Valdosta State University at the time, "administratively withdrew" (expelled) Thomas Hayden Barnes, a student, on the ground that Barnes presented a "clear and present danger" to the campus. Barnes sued Zaccari in federal court, claiming that under the Due Process Clause he was due notice of the charges, and a hearing to answer them, prior to his removal from...

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