Free Statement - District Court of Arizona - Arizona

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Steven L. Evans, Arizona Bar No. 012998 STEVEN L. EVANS, PLC 322 West Roosevelt Street Phoenix, Arizona 85003 (602) 288-3325 [email protected] Attorneys for Plaintiff

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA STU DVORET, an individual, Plaintiff, vs. MARICOPA COMMUNITY COLLEGES, Defendant. STATEMENT OF FACTS IN SUPPORT OF PLAINTIFF'S RESPONSE TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT Case No.: CV 03-2133 PHX EHC

Pursuant to Local Rule 56.1(a), plaintiff submits the following statement of facts in support of his Response to defendant's Motion for Summary Judgment: 1. The University of Arizona student who murdered three teachers and took his

own life on October 28, 2002 was known to be depressed, possibly suicidal, and had expressed threats toward the college. (CBS News Article, Arizona Gunman Had Threatened School, Exhibit 2 to defendant's Statement of Facts.) He appeared to be aggressive and mean. (Id.) 2. Following the shootings at U of A, Stu Dvoret, along with other students, was

discussing the event in the cafeteria at Valley Lutheran Hospital. (Defendant's SOF, ¶ 3.)

. . .

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In that conversation Stu expressed an understanding of the things that might

have pushed the gunman to do what he did. Stu did not condone the gunman's actions. (Id.; Defendant's SOF, ¶ 4.) 4. Stu's remarks, taken out of context, were reported to Myrna Eshelman, the chair

of the nursing department on or about October 30, 2002. (Defendant's SOF, Exhibit 4.) 5. Ms. Eshelman then asked campus security to have extra help at the HESI exam,

scheduled for the next morning. (Deposition of Steve Corich, 15:11 to 15:21.) 8 9 10 11 12 13 14 15 16 17 18 19 mention it to another student. (Deposition of Bridgett Allen, 46:7 to 47:18.) 20 10. 21 October 30, 2002 Myrna Eshelman, the department of nursing chair at MCC, described Stu 22 Dvoret as a Viet Nam veteran, a "member of a motorcycle gang," and "spiritual." 23 (Defendant's SOF, Exhibit 4.) 24 11. 25 Myrna Eshelman, 58:15 to 59:7.) The HESI exam was very important exam for all students. (Deposition of In her e-mail message to Steve Corich, the head of security for MCC, on 6. October 31, 2002, Stu Dvoret did not discuss the U of A tragedy with other

students as they entered the library to take the HESI exam. (Deposition of Stu Dvoret, 122:8 to 122:13.) 7. Bridgett Allen claims to have overheard a conversation about the U of A

shootings between Stu Dvoret and another student as they entered the library to take the HESI exam. (Defendant's SOF, ¶ 10.) 8. Ms. Allen did not feel that the remarks were directly threatening to anyone, just

inappropriate at that time. (Deposition of Bridgett Allen, 22:21 to 23:24, 24:17 to 24:22, 25:7 to 25:11.) 9. Ms. Allen did not report the remarks she heard to any school official, but she did

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The HESI exam could have elevated Stu Dvoret's grade to passing if he had

performed well on the exam. (Id.) 13. If Stu Dvoret's score on the HESI exam had elevated his grade to passing, he

also would have been given credit for additional case study points. (Deposition of Myrna Eshelman, 103:14 to 106:1.) 14. Being subjected to a physical search did not create a favorable atmosphere for

the HESI exam for Stu Dvoret or any other student. (Deposition of Myrna Eshelman, 100:8 to 103:2.) 15. As he entered the school library to take the HESI exam, Stu and other students

were asked to submit to voluntary searches of their book bags and so on. (Defendant's SOF, ¶¶ 13, 14.) 16. Unlike other students, however, Stu was subjected a physical search of his

person by campus security personnel, who confiscated a pocket knife and a collapsible baton from Stu. (Defendant's SOF, ¶¶ 15, 16; Deposition of Steve Corich, 22:12 to 22:20; Affidavit of Alfred Dame, ¶¶ 12, 13.)

16 17 18 19 20 21 22 23 24 25 17. Steve Corich, the head of campus security, reported these events to Brian

Johnson, the dean of students. (Defendant's SOF, ¶ 25.) 18. Stu was rattled by being physically searched and by being singled out from other

students for that purpose. (Deposition of Stu Dvoret, 126:21 to 127:11; Affidavit of Alfred Dame, ¶ 14.) 19. After he entered the library to take the HESI exam, Stu spoke with another

student, Alfred Dame. (Defendant's SOF, ¶ 18; Deposition of Stu Dvoret, 126:21 to 127:11; Affidavit of Alfred Dame ¶ 14.)

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Mr. Dame and Stu discussed what Stu had just been through and, again, the U of

A shootings. (Id.) 21. Myrna Eshelman overhead that conversation, and believed that she was being

threatened by Stu Dvoret. (Defendant's SOF, ¶ 19; (Deposition of Myrna Eshelman, 55:10 to 56:12, 130:6 to 131:5.) 22. Stu Dvoret never threatened anyone, including Myrna Eshelman. (Deposition of

Stu Dvoret, 122:8 to 124:8; 125:7 to 127:11.) 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 23. Myrna Eshelman suffers from some degree of hearing difficulty, such that she has trouble hearing in the presence of distraction such as fans or multiple people talking. (Deposition of Myrna Eshelman, 7:10 to 7:21.) 24. No security or safety concerns about Stu Dvoret were mentioned to Steve Corich

prior to the U of A shootings. (Deposition of Steve Corich, 13:16 to 13:25; Deposition of Myrna Eshelman, 83:22 to 83:25, 143:15 to 143:23.) 25. Stu Dvoret never behaved in a threatening manner toward anyone at MCC nor

was he disruptive in class. (Deposition of Myrna Eshelman, 20:5 to 21:4, 39:25 to 41:4, 44:16 to 44:23, 45:13 to 46:22, 95:2 to 95:24, 96:2 to 96:11; Deposition of Bridgett Allen, 9:14 to 13:15.) 26. Stu Dvoret never made threats toward MCC or its faculty or students.

(Deposition of Myrna Eshelman, 44:16 to 44:23; Deposition of John Steven Corich, 12:19 to 13:8, 26:6 to 26:15.) 27. On October 31, 2002, Brian Johnson suspended Stu Dvoret from the Mesa

Community College campus for one year. (Defendant's SOF, ¶ 27.) 28. Brian Johnson did not talk with Stu Dvoret before suspending him from campus.

(Deposition of Brian Johnson, 21:10 to 22:11.)

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29.

Brian Johnson's decision to suspend Stu Dvoret was based on the information

reported to him by Myrna Eshelman and Steve Corich. (Affidavit of Brian Johnson, ¶ 6, defendant's SOF Exhibit 11).) 30. On November 1, 2002, Steve Corich met with Stu Dvoret for about an hour.

(Defendant's SOF, ¶ 28; Deposition of Steve Corich, 24:19 to 24:23.) 31. During that meeting, Corich and Stu discussed the remarks attributed to Stu and

Stu was able to put those remarks in context for Corich. (Defendant's SOF, ¶ 29.) 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 32. Following that meeting, Corich advised Johnson that he did not feel that Stu

posed a threat to anyone at the school. (Defendant's SOF, ¶ 30.) 33. Based on Corich's evaluation, and after meeting with Stu on November 25,

2002, Johnson lifted the suspension. (Defendant's SOF, ¶¶ 31, 32.) 34. Myrna Eshelman thought it was "odd" that Stu Dvoret talked about his

motorcycle club and his status as a minister. (Deposition of Myrna Eshelman, 33:11 to 34:25.) 35. Steve Corich never talked to any of the students that reported having heard Stu

Dvoret make comments about the U of A shootings. (Deposition of Steve Corich, 30:16 to 30:18.) 36. Brian Johnson, with the input of other faculty and administrators at MCC, made

the final decision to suspend Stu Dvoret from campus. (Deposition of Brian Johnson, 13:3 to 14:6.) DATED this 28 day of February 2006. /s/ Steven L. Evans Steven L. Evans STEVEN L. EVANS, PLC 322 West Roosevelt Street Phoenix, Arizona 85003 Attorneys for Plaintiff

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1 2 3 4 5 6 7 8 9 10 11 12 13 /s/ Steven L. Evans 14 15 16 17 18 19 20 21 22 23 24 25

CERTIFICATE OF SERVICE I certify that a copy of the attached document will be delivered to the following Magistrate Judge of the United States District Court for the District of Arizona on the 1 day of March 2006, to: The Honorable Virginia A. Mathis Sandra Day O'Connor U.S. Courthouse, Suite 323 401 West Washington Street, SPC 12 Phoenix, Arizona 85003-2120 Magistrate Judge of the United States District Court

I certify that on February 28, 2006 I electronically transmitted the attached document to the Clerk's Office using the CM/ECF system for filing and transmittal of a Notice of Electronic Filing to the following registered CM/ECF participants: Troy P. Foster, Esq. LEWIS & ROCA 40 North Central Avenue Phoenix, Arizona 85004-4429 Attorneys for Defendant

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exhibit No. 1 2 3 4 5 6

INDEX OF EXHIBITS Description Deposition of John Stephen Corich (excerpts) Deposition of Stu Dvoret (excerpts) Deposition of Bridgettt Allen (excerpts) Deposition of Myrna Eshelman (excerpts) Affidavit of Alfred Dame Deposition of Brian Johnson (excerpts)

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