URGENT – U.P. Breaking News Bulletin – 2-8-18 – 10:50 a.m. ET
Expelled then cleared: NMU student Kyle Nelson files 17-page, two-count federal civil rights suit against NMU officials and students involved in government
By Greg Peterson
U.P. Breaking News
Owner, News Director
906-273-2433
(Marquette, MI) – A federal judge in Marquette, MI today set a February 20, 2018 status conference in a civil rights suit recently filed against NMU officials by an expelled student who was cleared of all criminal pot charges.
The 17-page, two-count civil rights suit was filed on Feb.2, 2018 under the pseudonym John Doe.
However, federal court records state the plaintiff is Kyle Nelson.
Nelson has charged the defendants with two legal allegations – retaliation and violation of 14th Amendment due process.
Nelson was charged with delivery of marijuana (four-year felony) on Nov. 3, 2015 by the Marquette County Prosecutor’s Office – and was eventually bound over to circuit court, the suit states.
Nelson was cleared of all criminal charges after his expulsion, the suit states.
Nelson says the marijuana charges are false -and that NMU officials and students didn’t allow him due process. He requested many times that any decision on expulsion be decided after the criminal case was concluded.
Nelson alleges he was in essence targeted by an anonymous tip:
“On November 2, 2015, anonymous complain was made via email, to an NMU “tip line,” alleging that (Nelson) was involved in drug activity,” the suit states.
In the fall of 2014, Nelson, then 19, “majored in construction management, and before his suspension from the University that led to his eventual expulsion, was living on campus in Gant Residence Hall,” the federal civil rights suit states
Nelson is suing:
Northern Michigan University
Lina Blair, NMU Assistant Dean of Students
Christine Greer, NMU Assistant Vice President and Dean of Students
Guy LaPlante, Detective Lieutenant with the NMU Department of Public Safety and Police Service
John Frick, NMU Associate Director of Housing
Jim Gadzinski, Director NMU Career Services
Paul LaPlant, NMU student from Marinette, WI
Unknown Parties #1 and #2:
Three Anonymous Student Members of the NMU Student Conduct Board Hearing Committee
Unknown Members of the Student Conduct Appeals Committee
The presiding judge in the case is Chief U.S. District Court Judge Robert J. Jonker – and all conferences and hearings will be handled by U.S. Magistrate Judge Timothy P. Greeley.
“Plaintiff Kyle Nelson” paid a fee of $400 to file the case in federal court.
Nelson is represented by Ann Arbor attorney Nicholas Roumel, who has his own law firm.
The NMU defendants being sued are represented by Kalamazoo attorney Kurt P. McCamman of the law firm Miller, Canfield, Paddock and Stone, PLC in Detroit.
Here are some excerpts from the suit (remember ‘John’ Doe is Nelson):
Or you can read the original suit and the amended complaint
Original complaint – Expelled NMU student Kyle Nelson 17-page, two-count civil rights suit against NMU officials (1)
Original complaint – Expelled NMU student Kyle Nelson 17-page, two-count civil rights suit against NMU officials (2)
Amended complaint – Expelled NMU student Kyle Nelson 17-page, two-count civil rights suit against NMU officials (1)
Amended complaint – Expelled NMU student Kyle Nelson 17-page, two-count civil rights suit against NMU officials (2)
John Doe Motion – Expelled NMU student Kyle Nelson 17-page, two-count civil rights suit against NMU officials
Hearing notice Expelled NMU student Kyle Nelson 17-page, two-count civil rights suit against NMU officials
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Criminal Allegations Are Made Against John.
On November 2, 2015, a complaint was made via email, to an NMU “tip line,” alleging that John was involved in drug activity. Defendant LaPlante interviewed a witness who made certain allegations against John.
Based on the witness’ allegations, LaPlante swore out an affidavit for search warrant against John.
The affidavit was based entirely on hearsay evidence.
The search warrant was granted and executed on November 2, 2015 by LaPlante, and returned an assortment of over the counter and prescription pills and a small amount (less than an ounce) of alleged marijuana and marijuana “wax.”
After the search was executed, LaPlante read John his “Miranda” rights, and John exercised those rights under the Fifth Amendment, and chose to not make any statements. John was charged by the Marquette County Prosecutor on November 3, 2015 with a single count of delivery of marijuana on 11/3/2015, a felony with a maximum sentence of 4 years imprisonment, fine of up to $20,000, and other possible penalties.
John was arraigned on November 4, 2015 was eventually bound over to Circuit Court on the charge.
Northern Michigan University in violation of his Federal Constitutional Rights under the Due Process Clause of the 14th Amendment to the Constitution, when he was denied the rights to delay Student Conduct Board proceedings until after resolution of his concurrent criminal case, denied the right to confront the witnesses against him, and repeatedly retaliated against for his invocation of constitutional rights.
After his expulsion, all criminal charges against him were dismissed.
“John Doe” (“Mr. Doe,” “John” aka Kyle Nelson) is a young man who began attending Northern Michigan University in fall, 2014. He majored in construction management, and before his suspension from the University that led to his eventual expulsion, was living on campus in Gant Residence Hall, carrying a grade point average of approximately 3.55.
He requests anonymity in this lawsuit due to the inflammatory nature of the allegations against him and the social stigma of being associated with such charges. He will file the appropriate motion for anonymity if necessary and requested by this court.
Defendants Rebuffed John’s Multiple Requests to Postpone the Conduct Board Hearing until the Criminal Case Was Concluded
NMU Initiates Conduct Board Proceedings 16. While the criminal charges were pending, NMU (via defendant Greer) sent John a letter dated November 3, 2015 suspending him from school “until all charges are adjudicated,” and that he was prohibited from “enter[ing] onto any part of the campus” campus under threat of arrest and filing of additional Student Code charges.
On December 18, 2015, NMU initiated eighteen charges against John alleging various violations of the NMU Student Code, for Drugs: Possession, Use or Sale (Code 2.3.12) and under the General Regulatory Statement (Student Code 2.3.15). 18.
According to the charging document, the charges were based on a “Description of Incident reported by” Defendant LaPlante, with “Charges Imposed by” Defendant Blair. A Conduct Board Hearing was held on April 15, 2016. Defendant Blair was the “non-voting chairperson” of that proceeding.
Other Board members included defendants John Frick, Jim Gadzinski, Paul LaPlant, and “Three Anonymous Student Members of The Student Conduct Board Hearing Committee” whose names are redacted from the hearing transcript. 20.
John was represented by Escanaba attorney Trent Stupak.
The case is named Nelson v. Northern Michigan University, et al..
Nelson v. Northern Michigan University
United States District Court Western District Of Michigan Northern Division notice of hearing – take notice that a hearing has been scheduled as set forth below:
Type of hearing(s): Status Conference Date/Time: February 20, 2018 at 10 a.m. U.S. Magistrate Judge: Timothy P. Greeley will hold the conference via by telephone Parties shall call the Court’s conference line. Dated: February 8, 2018
Upper Peninsula Breaking News by Greg Peterson 