Date: 02-16-2013

Case Style: Thomas Hayden Barnes v. Ronald Zaccari

Case Number: 7:12-cv-00089-HL

Judge: Hugh Lawson

Court: United States District Court for the Middle District of Georgia

Plaintiff's Attorney: Robert Corn-Revere, Brigham J. Bowen, Darl Hilton Champion, Christopher A. Fedeli, Erin Nedenia Reid, Cary S. Wiggins, Lisa B. Zycherman

Defendant's Attorney: Cristina M. Correia, Holly Hance, David C. Will

Description: Thomas Hayden Barnes sued Valdosta State University President Ronald Zaccari on a civil rights violation theory under 42 U.S.C. 1983 claiming that his First Amendment Rights were violated by Zaccari when he was expelled from the university for expressing his opinions in opposition to the construction of two parking garages on campus.

Plaintiff believed that the university should purue more environmentally friendly alternatives and expressed his views in various ways including on a Facebook page where he referred to the parking garages a "memorial" parking garages as a joke. The joke, which Zaccari considered a threat to him,was not appreciated and Plaintiff was expelled.

Zaccari announced his retirement in 2007. He claimed qualified immunity.

To state a First Amendment retaliation claim, a plaintiff must establish that: (1) his speech or conduct was protected by the First Amendment; (2) the defendant took an adverse action against him; and (3) there was a causal connection between this adverse action and the protected speech. Scott v. Coughlin, 344 F.3d 282, 287 (2d Cir. 2003); see also Kuck v. Danaher, 600 F.3d 159, 168 (2d Cir. 2010).

Outcome: Plaintiff's verdict for $50,000.00. The jury found that Mr. Barnes was not entitled to punitive damages.

Plaintiff's Experts:

Defendant's Experts:

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