Three unvaccinated college students are asking a federal judge to set aside a consent judgment they signed with their college last month, arguing that the Monroe medical school they attend has violated the agreement by continuing to retaliate against them.
Plaintiffs Rachel Lynn Magliulo, Matthew Shea Willis and Kirsten Willis Hall agreed to the Oct. 19 federal consent judgment, which was also signed by Edward Via College of Osteopathic Medicine (VCOM), a private school that operates on the campus of the University of Louisiana.
That agreement, which was approved by Judge Terry Dougherty of the Western District of Louisiana, required VCOM to exempt the three students from the school’s COVID-19 vaccine requirements in accordance with a state law.
“Plaintiffs shall remain subject to reasonable safety measures as promulgated by the Centers for Disease Control (CDC) for unvaccinated persons … to the extent that these reasonable safety measures and/or guidelines do not conflict with Louisiana state law,” the judgment states.
The plaintiffs, however, sought to file a second amended complaint on Monday because they alleged VCOM had put in place new discriminatory policies later in October.
“Defendant implemented school policies whereby only unvaccinated students are required at all times to wear masks while indoors and on campus, as well as undergo weekly COVID-19 testing, while vaccinated students are subject to neither policy,” a motion filed by the plaintiffs says. “... The unvaccinated are restricted from seeing patients who have or are suspected to have COVID-19; thus, impacting their education.”
Dougherty denied the motion to file a second amended complaint but left open the possibility that the plaintiffs could move to reopen the case and set aside the consent judgment.
“The college is acting according to CDC guidelines and following Louisiana laws as we continue to strive for a safe environment for all our students and employees,” Cindy Shepard Rawlins, the VCOM spokeswoman, said in an email to the Louisiana Record.
The plaintiffs on Tuesday filed a motion with the court to set aside the consent judgment and reopen the case, arguing that the plaintiffs have suffered irreparable harm by the safety restrictions imposed on them.
The October consent judgment released VCOM from monetary claims and ordered that each party be responsible for its own legal fees.