The case of the ignored text messages

Our client’s school had expelled him for having sex with a woman who had been drinking; his appeal was already over by the time he hired us. We investigated and found crucial text messages from our client’s roommates, who were in the room and sober when our client had sex. They demonstrated that the complaining witness was not too drunk to consent. Worse, the school’s investigator was told about these text messages during the investigation, but she had never asked to see the texts. We approached the school and showed them the texts; they didn’t care. So we filed suit in federal court and asked for a preliminary injunction allowing him to stay in school. At the hearing, the judge said he had serious concerns about how the school handled the case and, before he ruled, he would give the school a chance to resolve it. We were able to work out a favorable settlement for our client.