UA Files Motion To Dismiss Lawsuit

FAYETTEVILLE — Attorneys for the University of Arkansas filed a motion Monday afternoon to have an amended lawsuit brought by a disgruntled fan against UA Chancellor John White and UA System President B. Alan Sugg dismissed.

The motion claims that John David Terry of Mount Ida still doesn't have a legal basis to sue White over the chancellor's handling of a disparaging e-mail sent to former Arkansas quarterback Mitch Mustain by a UA booster.

"I think we're looking forward to having an opportunity with this motion to put forth the reasons why we think (the lawsuit) should be dismissed," Arkansas associate general counsel Scott Varady said Monday evening. "We'll just see where the case stands."

Washington County Circuit Judge Mark Lindsay dismissed Terry's original lawsuit during a June 4 hearing, stating that the court should not interfere with a school's football or athletic program.

Lindsay threw out all four of Terry's complaints in the original lawsuit. But the judge gave Terry's attorney — Eddie Christian Jr. of Fort Smith — 20 days to refile the lawsuit after amending two of the complaints.

Terry refiled the amended lawsuit in late June, hoping that the court will order an independent investigation into White's handling of the e-mail sent to Mustain by Teresa Prewett, a friend of Arkansas football coach Houston Nutt.

Terry claims that White didn't do his job when he allowed Arkansas football coach Houston Nutt to look into the e-mail sent by Prewett, a Nutt family friend. But Varady said Terry still hasn't stated facts to prove that the court should intervene in the matter.

"The grounds (for dismissal) are largely the same as they were the first time," Varady said.

According to the motion, Terry's claims are "moot" and that the case continues in "bad faith for purposes of harassing and maliciously injuring President Sugg, Chancellor White, the University of Arkansas, Houston Nutt and other University employees."

No date has been set for a court hearing relating to the amended lawsuit. Varady said a hearing could come in early to mid-August.

Along with asking for the revised lawsuit to be dismissed, the motion also asks for the court to order Terry to pay for the university's legal costs, including attorney fees.

University attorneys didn't ask for the school to be reimbursed court fees in their original motion to dismiss. Varady said he couldn't estimate as to how much the university has spent fighting the lawsuit.

Hawgs Daily Top Stories