Mccauley , Stephen v. Univesity of The Virgin Islands
FOR PUBLICATION IN THE DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS & ST. JOHN STEPHEN McCAULEY, Plaintiff, v. UNIVERSITY OF THE VIRGIN ISLANDS, SEAN GEORGES in his individual and official capacities, DR. LAVERNE RAGSTER, in her individual and official capacities, and JON and/or JANE DOES I through X, Defendants. ______________________________ ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Civil No. 2005-188 ATTORNEYS: Darren J. Baptiste, Esq. St. Thomas, U.S.V.I. For the plaintiff, Marie E. Thomas-Griffith, Esq. St. Thomas, U.S.V.I. For the defendants. JUDGMENT GÓMEZ, C.J. This matter was tried on May 11, 2009. Based on the Court's findings of fact and conclusions of law, set forth in accordance with Rule 52(a) of the Federal Rules of Civil Procedure and more fully stated in the Memorandum Opinion of even date, it is hereby Case: 3:05-cv-00188-CVG-GWB Document #: 84 Filed: 08/21/09 Page 1 of 2 McCauley v Univ. of the V.I., et al. Civil No. …
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FOR PUBLICATION IN THE DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS & ST. JOHN STEPHEN McCAULEY, Plaintiff, v. UNIVERSITY OF THE VIRGIN ISLANDS, SEAN GEORGES in his individual and official capacities, DR. LAVERNE RAGSTER, in her individual and official capacities, and JON and/or JANE DOES I through X, Defendants. ______________________________ ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Civil No. 2005-188 ATTORNEYS: Darren J. Baptiste, Esq. St. Thomas, U.S.V.I. For the plaintiff, Marie E. Thomas-Griffith, Esq. St. Thomas, U.S.V.I. For the defendants. JUDGMENT GÓMEZ, C.J. This matter was tried on May 11, 2009. Based on the Court's findings of fact and conclusions of law, set forth in accordance with Rule 52(a) of the Federal Rules of Civil Procedure and more fully stated in the Memorandum Opinion of even date, it is hereby Case: 3:05-cv-00188-CVG-GWB Document #: 84 Filed: 08/21/09 Page 1 of 2 McCauley v Univ. of the V.I., et al. Civil No. 2005-188 Judgment ORDERED that McCauley’s claims against University of the Virgin Islands (the “University”) are DISMISSED; it is further ORDERED that judgment is entered in favor of McCauley on Count One of the complaint, to the extent it relates to the portion of Section IV, paragraph E of the University of the Virgin Islands Student Handbook 2005-2006 Code of Student Conduct (“Paragraph E”) that prohibits speech that “frightens, demeans, degrades or disgraces any person;” it is further ORDERED that the portion of Paragraph E that prohibits speech that “frightens, demeans, degrades or disgraces any person” is declared unconstitutional; it is further ORDERED that the director of student housing at the University (the “Director”) and the president of the University (the “President”) (together with the director, the “Defendants”) are enjoined from enforcing the portion of Paragraph E that prohibits speech that “frightens, demeans, degrades or disgraces any person;” it is further ORDERED that judgment is entered in favor of the Defendants on the remainder of McCauley’s claims; and it is further ORDERED that the Clerk of the Court shall CLOSE this matter. S\______________________________ Curtis V. Gomez Chief Judge Case: 3:05-cv-00188-CVG-GWB Document #: 84 Filed: 08/21/09 Page 2 of 2