From the Complaint in Mucaj v. Univ. of Connecticut, just filed today. (The legal argument supporting these allegations will come in a day or two, in the memorandum supporting the motion for a temporary restraining order, and the university will in turn submit its own legal argument—I plan to blog about those arguments then. Note also that Jarred Karal has agreed to probation in his criminal case, but Ryan Mucaj is apparently still fighting the charges.)

[1.] This is a civil rights action to remedy deprivation of First Amendment rights, concerning retaliation by the University of Connecticut … against the plaintiffs, Ryan Mucaj and Jarred Karal (students). The retaliation impermissibly discriminates as to speech content and viewpoint….

[3.] The gist of the claim is that based on uttering an offensive word, a racial slur, not directed at any individuals and unaccompanied by violence or threat of violence, the school finds that the students violated the school policy prohibiting "Disruptive Behavior."

[4.] The school finds that the recommended retaliatory sanction for the protected speech is, among other things, removal of the students from student housing, thereby depriving them of their physical welfare, contractual rights with the school, and inhibiting their otherwise ready access to the school environment.

[5.] The school's actions not only violate the First Amendment, but also violate the court order and consent decree in Nina Wu v. University of Connecticut, CV H-89-649 (PCD) (January 25, 1990) …, which is the basis of the contempt findings sought….

[22.] On information and belief, in early 1989, Nina Wu was a junior at the University of Connecticut.

[23.] On information and belief, at about that time, Ms. Wu hung a handmade poster on her dormitory room door. The poster listed the types of people who were "welcome," "tolerated." "unwelcome," and "shot on sight."

[24.] On information and belief, the latter category listed "bimbos," "preppies," "racists," and "homos."

[25.] On information and belief, the school found that Ms. Wu violated the school harassment policy by way of the poster. Based on the use of the word "homos," the school expelled Ms. Wu from all residential and dining halls in April, 1989.

[26.] On information and belief, Ms. Wu subsequently brought an action in federal District Court, District of Connecticut, pursuant to 42 U.S.C. § 1983, alleging deprivation of her First Amendment rights. Although she denied writing the word "homos," she asked the court to assume that she did.

[27.] On January 25, 1990, the court, the Honorable Peter C. Dorsey, District Judge, entered judgment in accordance with the consent decree.

[28.] Pursuant to that consent decree, the school agreed to be permanently enjoined from enforcing the school harassment policy employed against Ms. Wu, as that policy existed at the time. Specifically, the school agreed to excise the prohibition in the policy concerning "making personal slurs or epithets based on race …." (Emphasis added.)

[29.] In its place, the school adopted a policy prohibiting the "face-to-face" use of "fighting words," in accordance with that legal doctrine.

[30.] The school furthermore agreed to be permanently enjoined from "enforcing … any other policy that interferes with the exercise of First Amendment rights by the plaintiff or any other student, when the exercise of such rights is unaccompanied by violence or the imminent threat of violence." (Emphasis added.)

[31.] The school also agreed to provide Ms. Wu with a dormitory room, to restore her dining privileges, and to pay Ms. Wu reasonable attorneys' fees.

[32.] On information and belief, for between five and thirty years, the school and its officials and employees have disregarded their obligations under the consent decree, and has failed to take any reasonable precautions to ensure the order is followed or even that successive officials are made aware of its existence.