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Severson v. Board of Trustees of Purdue University11/7/2002
FOR PUBLICATION
OPINION-FOR PUBLICATION
A Purdue University freshman brutally murdered his resident-advisor Jay Severson after Jay had reported the freshman's cocaine possession to the police. Jay's parents sued Purdue, Purdue's Board of Trustees, four Purdue employees, and law enforcement agencies and officers who, at the time of the murder, were investigating the freshman's alleged drug dealing. The trial court granted summary judgment to all the defendants on each of the Seversons' federal and state claims. We agree that none of the defendants were liable under federal or state law for Jay's death.
FACTS
Twenty-seven-year-old Jay Severson was a graduate student at Purdue University for the 1996 fall semester. In addition to pursuing his course work, Jay was employed by Purdue as a residential advisor for one of Purdue's residence halls. His duties included counseling student residents and, when necessary, reporting student-resident criminal violations to the Purdue University Police Department (PUPD). He reported one such violation on September 15, having observed a bag of marijuana in the room of Matthew Schulz, one of Jay's floor residents. The police arrived and took Schulz, Jay, and the marijuana to the police station, where Schulz claimed that the marijuana was not his but belonged to a friend.
Less than a month later, on October 11, Jay returned to the PUPD where he met with Officer Ken Cox. Jay told Officer Cox that he "had received third hand" information "from one of his residents about the possible use of drugs on the floor." Appellants' App. p. 251. He identified Schulz and Schulz's roommate, Jerrod Eskew, as possibly being involved with narcotics. Jay also noted that his source of information wished not to be named.
Four days after meeting with Officer Cox, Jay entered Schulz and Eskew's room to check the smoke detector. Eskew and a friend, Jamin Willoughby, were the only ones present in the room at the time. Upon entering, Jay noticed Eskew hide something under his hat. When he questioned Eskew about what was under the hat, Eskew uncovered the cocaine. According to Willoughby, Eskew threatened to kill Jay if Jay told the police about the cocaine. Although Jay's encounter with Eskew took place at 7:30 p.m., Jay waited until 8:40 p.m. to notify the PUPD. In a police report filed the same night, Jay explained the reason for the delay:
I didn't want to mess up what the police already had going on so I B.S.ed with them and told them that I would be quiet about it. I told [PUPD Officer] Ken Cox at 8:40 [p.m.] and he wanted to move on it right away. Appellants' App. p. 246.
The police immediately proceeded to Schulz and Eskew's room, but Eskew had fled the room by the time they arrived. While the police were searching the room and Eskew's car, Eskew hid in Willoughby's room, which was located in the same residence hall. At around 2:00 a.m. that morning, Willoughby drove Eskew to Crawfordsville where Eskew obtained a shotgun and sawed off the barrel. The two returned to the residence hall that afternoon. Eskew walked to Jay's room and shot Jay, killing him almost instantly. Eskew then turned the gun on himself and committed suicide.
On April 25, 2001, the Seversons, individually and as personal representatives of Jay's estate, filed their third amended complaint for damages resulting from Jay's death. The complaint named the Board of Trustees of Purdue University, Purdue University, and four Purdue employees "in their individual capacities." Appellants' App. p. 161.
The four Purdue employees are as follows:
(1) John Sautter-vice president of the residence h
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