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April 2008, Bucknell University. (Photo by Timothy D. Sofranko)

(Timothy D. Sofranko)

WILLIAMSPORT -- Bucknell University has agreed to pay $75,000 to settle a federal lawsuit over the 2012 search of Kappa Sigma Fraternity and a residence hall.

Terms of the settlement were not disclosed in the notice filed Monday in U.S. Middle District Court, but plaintiffs' attorney Devon M. Jacob of Mechanicsburg provided the dollar figure.

He represents now-former fraternity members Kevin Wagner, Frasier Esty and Tony Migliori, who claimed the Feb. 16, 2012 search violated their constitutional rights.

Bucknell says it considers the settlement a victory. So do the plaintiffs.

The settlement is not an admission of liability "but rather a good business decision," Bucknell spokesman Andy Hirsch said.

"While Bucknell is confident that a jury ultimately would have ruled in its favor, the reality is that going to trial would have cost hundreds of thousands of dollars and taken up hundreds of hours of staff time."

He noted the university already has invested significant financial and human resources, largely due to the conduct of Jacob.

That was in reference to Judge Matthew W. Brann in December imposing a $5,000 sanction on Jacob for failing to adhere to court orders.

Jacob took a different stance.

"Bucknell University and the counties spent a small fortune trying to defeat a meritorious lawsuit," he said. Montour and Union counties were among the defendants because two sheriff's deputies from each with dogs took part in the search.

In a statement, Jacob said: "While it took two years, Bucknell finally came to its senses and realized that their former students, who are now professional businessmen, and I were not going away until justice was served. Justice has now been served."

Bucknell, as it has done since the suit was filed, maintains it has the authority under its student handbook to conduct administrative searches of its residence halls, Hirsch said.

The suit claimed the handbook does not allow law enforcement personnel with drug-detection dogs to enter private rooms without a search or arrest warrant.

It also contended officials had no right, without a warrant, to search a cabinet in Wagner's room where a marijuana grinder containing alleged marijuana residue was found.

Bucknell says the search was conducted after drug paraphernalia was discovered in a dormitory trash can and a faculty member found a cell phone in her classroom with numerous texts suggesting drug activity.

Suspected LSD tablets, marijuana, synthetic marijuana, hunting knife, pellet gun and drug paraphernalia were among the items found, the university says.

No one was charged criminally but Wagner was fined $350 by the university, required to do 20 hours of free labor and evicted from the fraternity house for a semester.

The search was conducted after the fire alarm was pulled causing approximately 60 students including Migliori wearing only boxer shorts to go outside, court documents state.

Defendants in the case were Bucknell, Union and Montour counties, 11 university officials including President John C. Bravman and the deputy sheriffs.



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