During the summer of 1996, according to the memo, Mitchell published derogatory statements about teachers and made threats to students he believed reported the virus.
He was given the option of transferring to South Charleston or East Bank to finish high school, but Mitchell wanted to keep taking Advanced Placement courses at Capital. His lawyer, Basil Legg, requested an injunction in Kanawha Circuit Court to let him remain at Capital.
Kanawha Circuit Judge Paul Zakaib decided an emergency injunction wasn't necessary and that Mitchell could wait for a hearing before Kanawha Circuit Judge Tod Kaufman. The state Supreme Court agreed with Zakaib.
In 1998, Kaufman dismissed the case, noting the matter was no longer relevant because Mitchell had graduated.
"There's been a lot of case law on that since then," said Legg, now of Alexandria, Va., referring to cases dealing with the First Amendment rights of students when posting on the Internet.
"I remember him as being very bright and I did not believe that he had intended to hack into the system [at Capital]. I haven't spoken to him in a long time," Legg said Friday.
No contact information could be found for Mitchell. He is scheduled to appear before U.S. Magistrate Judge Dwane Tinsley on Aug. 15.
Pages from Mitchell's website, "RickDogg's house," were made part of the 1996 lawsuit. In one post titled, "The story of RICKDOGG," Mitchell wrote about his knowledge of computers.
"Anyway, I love to write and distribute Viruses. They intrigue me. I have taught myself how to program in assembly, c- - and pascal. I also love to fix computers as well. I am considered smart at school although I am very lazy. I do not like the shit they try to teach me so I get bored and try to liven things up a bit," the post found in court documents states.
"Rickdog 96-? Forever and beyond ...," it's signed.
Reach Kate White at kate.wh...@wvgazette.com or 304-348-1723.