A university operated a tavern on its premises for the benefit of its students. One student, who attended the tavern with some friends for the purpose of celebrating the end of the fall semester, became quite drunk. The tavern bartenders realized that the student was drunk around 11:00 p.m. and refused to serve him any additional alcoholic beverages. They also asked him to leave the premises. The student, however, remained and drank two additional beers that were purchased for him by his friends.

Some time later, around 12 a.m., one of the bartenders noticed the student drinking and instructed the tavern bouncer to ask the student to leave. The bouncer did so, but the student refused, and the bouncer took the student by the arm and escorted him to the door. Along the hallway to the door the student was abusive and resisted leaving, but the bouncer managed to eject him from the building.