Byerly v. Virginia Polytechnic Institute And State University

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION MATTHEW J. BYERLY ) Plaintiff, ) v. ) ) Civil Action No. 7:18-cv-16 VIRGINIA POLYTECHNIC ) INSTITUTE AND STATE ) UNIVERSITY, ET. AL., ) Defendants. ) MEMORANDUM OPINION1 Plaintiff, Matthew J. Byerly (“Byerly”), filed a Second Amended Complaint (Dkt. 37) after I dismissed his Amended Complaint. Byerly asserts a single cause of action under 28 U.S.C. § 1983, claiming that academic discipline imposed by the defendants violated his due process rights under the Fourteenth Amendment to the Constitution.…