Barker v. Hardway

Fourth Circuit

Barker v. Hardway

399 F.2d 638

CourtCourt of Appeals for the Fourth Circuit

DecidedSeptember 3, 1968

DocketNo. 12600

StatusPublished

Cited by15 cases

This text of 399 F.2d 638 (Barker v. Hardway) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Barker v. Hardway, 399 F.2d 638 (4th Cir. 1968).

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Opinion

PER CURIAM:

After the appellants, students at Blue-field State College, violently protested the policies of the college’s administrative officers, they were suspended. The district judge refused to order their reinstatement setting forth his reasons in an opinion which we find to be supported by the record and to apply correct principles of law. Barker v. Hardway, 283 F.Supp. 228 (S.D.W.Va.1968).

We believe the district judge correctly concluded that the administrative appeals which the college afforded the students satisfied the requirements of due process of law. In any event, the district judge granted them a plenary, de novo hearing with counsel. It was upon evidence received at this hearing that he based his own findings concerning the conduct that lead to their suspension. The proceedings in the district court render moot the students’ contention that they were denied due process at the college level.

Affirmed.

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PER CURIAM:

After the appellants, students at Blue-field State College, violently protested the policies of the college’s administrative officers, they were suspended. The district judge refused to order their reinstatement setting forth his reasons in an opinion which we find to be supported by the record and to apply correct principles of law. Barker v. Hardway, 283 F.Supp. 228 (S.D.W.Va.1968).

We believe the district judge correctly concluded that the administrative appeals which the college afforded the students satisfied the requirements of due process of law. In any event, the district judge granted them a plenary, de novo hearing with counsel. It was upon evidence received at this hearing that he based his own findings concerning the conduct that lead to their suspension. The proceedings in the district court render moot the students’ contention that they were denied due process at the college level.

Affirmed.

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Bluebook (online)

399 F.2d 638, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barker-v-hardway-ca4-1968.

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