Jackson State University v. Upsilon Epsilon Chapter of Omega Psi Phi Fraternity, Inc.

Summary

The Mississippi Supreme Court reviewed an interlocutory appeal arising from disciplinary sanctions imposed by Jackson State University on students and a fraternity after a campus altercation. The court held that the circuit court lacked jurisdiction because the appellees failed to strictly comply with Mississippi Code section 11-51-95 by filing a petition for writ of certiorari and posting the required bond. The court dissolved the temporary restraining order and preliminary injunction and rendered judgment for the university officials.

Holdings

1. The circuit court lacked jurisdiction because the appellees failed to strictly comply with Mississippi Code section 11-51-95 by filing a petition for writ of certiorari and posting a bond with security.
2. Allegations of procedural due process violations did not excuse the appellees' failure to comply with the jurisdictional requirements for statutory certiorari review.

Questions Presented

1. Whether the circuit court had jurisdiction to review the university disciplinary decisions when the appellees failed to file a petition for writ of certiorari and post the required bond with security under Mississippi Code sections 11-51-93 and 11-51-95.
2. Whether alleged procedural due process violations excused compliance with the statutory requirements for perfecting certiorari review.

Disposition

other