St. Thomas More 1L Oral Arguments - Final Round 2021

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Ave Maria School of Law’s

TWENTY-FIRST ANNUAL SAINT THOMAS MORE FIRST-YEAR ORAL ADVOCACY COMPETITION

FINAL ROUND FRIDAY, APRIL 23, 2021

Presented by

The

Legal ANALYSIS, WRITING & RESEARCH DEPARTMENT

Eric C. Fleetham, Director & Assistant Professor Wendy Tenzer, Assistant Director & Assistant Professor Scott Daniels, Assistant Professor Julie Simpson, Assistant Professor Bruce Connolly, Assistant Professor Jane Lipnic, Coordinator


This year’s oral argument problem Dwight Schrute, Appellant v. Cresworth County Sheriff’s Department and Michael Scott, Appellees This year’s St. Thomas More 1L Oral Advocacy Competition involves a government employer’s search of a workplace locker. Plaintiff Dwight Schrute works as a detective in the Cresworth County Sheriff’s Department. Upon hire, Mr. Schrute was issued a locker with a Sheriff’s Department lock to store his personal items during his work shift. The Sheriff’s Department employee handbook states that the Sheriff’s Department retains a master key for all county-issued locks. At some point, Mr. Schrute replaced the Sheriff’s Department-issued lock with his own personal lock. The Sheriff’s Department’s handbook also states that officers are prohibited from working outside jobs while on shift, and the Sheriff’s Department began an investigation into this so-called “double dipping” by police officers. Detective Schrute’s supervisor, Deputy Chief Michael Scott, was informed that Detective Schrute might have been conducting such prohibited business and taking notes in a notebook that he stored in his locker. Acting on such information, Deputy Chief Scott cut off Detective Schrute’s personal lock, opened the locker, and found a notebook, which contained notes of possible private detective work. Detective Schrute was placed on administrative leave without pay. Mr. Schrute initiated this lawsuit against the Cresworth County Sheriff’s Department and Michael Scott claiming that the locker search violated his Fourth Amendment rights. The Sheriff’s Department and Deputy Chief Scott filed a motion for summary judgment, which the lower court granted in their favor. Mr. Schrute now appeals to the United States Court of Appeals for the fictional Fourteenth Circuit.

TONIGHT’S PROGRAM Welcome Opening Prayer Monsignor Frank McGrath, Ave Maria School of Law Chaplain

Opening Remarks Eugene R. Milhizer, Interim President and Dean, Ave Maria School of Law

Overview of the Problem & Introduction of Members of the Bench Eric C. Fleetham, Director and Assistant Professor Legal Analysis, Writing, & Research Program

Arguments For Appellant, Dwight Schrute: Anthony Altomari Deborah Gedeon For Appellees, Cresworth County Sheriff’s Dept. & Michael Scott Jessica Patton Taylor Curley

Presentation of Awards Awards for Final Round Competitors Best Brief Award 2020 — Thomas LaTorre

Announcement of Top Oralist MEMBERS OF THE BENCH

The Honorable Sheri Polster Chappell United States District Court Judge Fort Myers Division of the Middle District of Florida The Honorable Mac R. McCoy United States Magistrate Judge Fort Myers Division of the Middle District of Florida The Honorable Nicholas Mizell United States Magistrate Judge Fort Myers Division of the Middle District of Florida


CONGRATULATIONS Semifinalists & Quarterfinalists

Semifinalists Hannah Chisler Hannah Reynolds Piero Sotomayor Brian Zingaretti Quarterfinalists Lauren Bimonte Natalie Brazzale Morgan Clyne Joseph Crisalli Cisse Diawara Grace Kaczanowski

Zachary Lecius Erica Lehmer Joshua Mireles Katherine Ramos Brett Roberts Kendall Wilson

THANKS TO IT Department: Monica Rengifo Edward Neebling Tavin Lin Valerine Oliver LAWR Teaching Assistants: Sarah Baulac Brett Bleier Jonathan Fitzmaurice Paula Hughes Andrew Koehler Thomas LaTorre Also thanks to: Tabitha Canalda Kristina Del-Vecchio Thank you to all the judges, attorneys, and faculty who served on panels during the preliminary round of the competition and in preparation for tonight’s Final Round. Thank you also to the Moot Court Board, whose members assisted during the preliminary rounds. Finally, sincere thanks to the many students who helped make the preliminary round arguments such a success !

SPECIAL THANKS TO Jane Lipnic, LAWR Coordinator

Ave Maria School of Law 1025 Commons Circle, Naples, FL 34119 Phone: 239-687-5300 Fax: 239-353-3173 Email: info@avemarialaw.edu www.avemarialaw.edu


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