Judge dismisses former coach Nutt’s lawsuit against Mississippi
Mississippi has been granted a motion to dismiss in Houston Nutt’s lawsuit against the school.
The motion was granted Wednesday by U.S. District Judge Neal B. Biggers Jr. The athletic foundation and Institutes of Higher Learning Board of Trustees were also named in the suit.
Nutt, Mississippi’s former football coach, filed a lawsuit — citing breach of contract and breach of good faith and fair dealing — July 12.
In their motion to dismiss, the university and the IHL argued they weren’t citizens but “arms of the state,” which made them immune to lawsuits in federal court.
“In response to the instant motion, the plaintiff concedes that the defendants’ argument is meritorious and asserts ‘it is agreed that this court lacks subject matter jurisdiction,’ ” the order states.
Nutt’s representatives, Thomas Mars and Walter Morrison, sent a settlement proposal to the university last week that was not agreed upon.
“Between Bubba (Walter) Morrison saying I’d read too many John Grisham novels and the university’s recent decision to fire Hugh Freeze, I concurred with Bubba’s suggestion that we just oblige Ole Miss, ask the court to grant their jurisdictional motion and file an updated state court lawsuit next week with more details than those that were known to us when we first filed suit,” Mars said in regard to the motion to dismiss.
He continued: “We’d both like to congratulate the Ole Miss lawyers and hope they’ll give some more thought to our settlement proposal before we refile in state court next week.”
The initial complaint alleged that Freeze, Ross Bjork and Kyle Campbell, Mississippi’s athletics director for communications, led a misinformation campaign against Nutt when the university received its Notice of Allegations in January 2016.
Nutt sought an apology, But Mississippi was committed to its position that it did not owe one to its former coach.
The settlement proposal sent last week, as reported by USA TODAY Sports, asked Mississippi for $500,000 to fund an integrity for college sports commission and an apology to Nutt.
While the suit has been dismissed, it made its impact on the university.
Mars’ public records request led to the discovery of a telephone call that was placed to an escort service on Freeze’s university-issued phone.
That led Mississippi to investigate Freeze’s phone records further, which resulted in it finding a pattern of personal misconduct by Freeze.
He resigned July 20 after five seasons, which included a Sugar Bowl win and two victories against Alabama, coaching the Rebels.
Mississippi, charged with committing 21 NCAA violations, will meet with the Committee on Infractions on Sept. 11 in Covington, Ky.
The NCAA’s accusations include a lack of institutional control charge against the school and violation of head coach responsibility legislation against Freeze.