Appeals court reinstates wrongly imprisoned student’s lawsuit against college for hiding evidence
- Would-be law student, acquitted by second jury in 29 minutes, represents himself in civil case. Trial judge repeatedly botched statute of limitations, 3rd Circuit finds.
By Greg Piper
Updated: September 9, 2023 – 11:20pm
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A student who spent 16 months in prison before a second jury exonerated him of sexual assault will get another chance to hold his public university accountable for withholding evidence during his first criminal trial, then refusing to give him a conduct hearing to clear his educational record.
The 3rd U.S. Circuit Court of Appeals vacated most of a trial judge’s ruling that dismissed Darold Palmore’s lawsuit against Clarion University – since renamed Pennsylvania Western University, or PennWest Clarion, after a merger – and officials including the campus police officer who withheld security footage.
The three-judge panel unanimously remanded Palmore’s malicious prosecution, Brady due process, 14th Amendment due process, Title IX, negligence, and breach of contract claims for further proceedings.
The ruling is all the more remarkable because Palmore, a D.C. native who had planned to go to law school after his expected graduation four years ago, has represented himself throughout the two-year civil case against Clarion, albeit with guidance from sympathetic lawyers.
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How is this “fair”?
Where is the pro-bono legal help? Isn’t that one reason that lawyers have a “bar association”?
Argh!
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