Austin American-Statesman

Former coach Nutt looks to refile suit

- Wire services

Former Mississipp­i coach Houston Nutt’s lawsuit against the school and its athletics foundation has been dismissed by a federal judge.

The one-page filing Wednesday said the federal court “lacks jurisdicti­on under the pleadings as presented” and the suit was dismissed by U.S. District Judge Neal Biggers. The suit was dismissed without prejudice, meaning it can be refiled.

Nutt filed the lawsuit against Ole Miss on July 12, which was during Southeaste­rn Conference Media Days. The Rebels’ former coach — who led the program from 2008 to ’11 — was alleging a breach of his severance agreement because of false statements he said school officials made during an ongoing NCAA investigat­ion.

The lawsuit stated thenOle Miss coach Hugh Freeze and other school officials created a “false narrative” in an effort to place primary blame on Nutt for the NCAA investigat­ion instead of Freeze.

Nutt’s attorney Thomas Mars released a statement Wednesday acknowledg­ing the federal suit’s dismissal. Mars said he planned to “file an updated state court lawsuit next week with more details than those that were known to us when we first filed suit.”

Mars also said he hoped the school’s lawyers would “give some more thought to our settlement proposal” before refiling in state court.

Even though the federal lawsuit has been dismissed, its damage to Ole Miss was substantia­l. In the process of doing research for the lawsuit, Nutt’s attorneys requested some of Freeze’s phone records, which eventually revealed a one-minute call to an escort service based in Tampa, Florida.

That call led to an Ole Miss internal investigat­ion that resulted in Freeze’s resignatio­n July 20 after five seasons. The school said it found a “pattern of personal misconduct” that started with the discovery of the call.

In other news, Mississipp­i will appear in front of the NCAA’s Committee on Infraction­s on Sept. 11 in Covington, Kentucky.

Ole Miss released documents detailing the hearing Wednesday on its website. The NCAA says the panel has set aside “two-three full days for this hearing.”

Ole Miss has been under investigat­ion by the NCAA for nearly five years. The football program is facing 21 rules violations, including 15 classified as Level I, which the governing body considers the most serious. The sprawling case involves alleged academic, booster and recruiting misconduct.

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