Judge Dismisses Lawsuit Against White, Sugg

Last updated Monday, June 4, 2007 8:30 PM CDT in News

By Alex Abrams
The Morning News

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    FAYETTEVILLE -- A judge on Monday dismissed a lawsuit alleging that University of Arkansas Chancellor John White failed to properly investigate a disparaging e-mail sent to former quarterback Mitch Mustain by a booster.

    Washington County Circuit Judge Mark Lindsay made his ruling after listening to attorneys for the university and plaintiff John David Terry make oral arguments for nearly 2 1/2 hours in a crowded courtroom.

    "I have not been shown any reason that a state court should get involved in the administration of the football program or athletic program," Lindsay said during his ruling.

    Terry filed a lawsuit April 24 against White and System President B. Alan Sugg, claiming that White shouldn't be paid his salary because he didn't thoroughly investigate the e-mail sent to Mustain by Teresa Prewett.

    White sat alongside Arkansas associate general counsel Scott Varady and outside counsel Woody Bassett at the defendant's table during Monday's hearing.

    Terry, a Montgomery County resident, also attended. He sat next to his attorney, Eddie Christian Jr. of Fort Smith, throughout the proceeding.

    "We said from the outset that we believed that the case was frivolous and the end result of today is that the judge dismissed the case," Varady told The Morning News on Monday night. "We're very pleased by the judge's decision to dismiss the case."

    Lindsay dismissed Terry's claim against White for breach of contract and breach of fiduciary responsibility, stating that the court didn't have any jurisdiction in those matters.

    Lindsay also dismissed the remaining two counts against White for wasting taxpayer money and to seek an independent investigation. However, the judge gave Christian 20 days to refile those two counts if he so chooses.

    "I'll probably have a much better idea about that by the end of this week," Christian told The Morning News on Monday evening. "I'll have a pretty good idea just which direction we're going."

    Christian said he wanted to spend the next few days looking into specific cases that Lindsay cited during his ruling.

    In the meantime, Christian won't be allowed to continue with the discovery process. Subpoenas had been issued for Arkansas to hand over computer hard drives, phone records and documents relating to the case by Friday.

    "I can assure you this, we're not down," Christian said of the ruling. "We're going to approach this thoughtfully and logically."

    For the time being, though, Arkansas officials consider the highly publicized case to be over.

    Over the past few weeks, the case has been written about in The New York Times, USA Today and on ESPN.com, as well as discussed on countless sports-talk radio shows and Internet message boards.

    "There is no lawsuit as of today," Varady said. "It's dismissed."

    Lindsay didn't need to make a ruling Monday on whether the case should be dismissed. He could have waited until a later date, but he decided to give his opinion after hearing arguments from both sides.

    Christian argued that White mishandled the investigation when he had Arkansas football coach Houston Nutt look into Prewett's e-mail to Mustain.

    Prewett is a booster and a physical therapist who helped Arkansas running backs coach Danny Nutt, Houston's brother, rehabilitate in 1999 after he had surgery to stop bleeding in his brain.

    But while Lindsay agreed that Prewett's e-mail to Mustain was inappropriate -- possibly to the extent of being criminal -- he stated that it wasn't a judge's job to "micromanage" the University of Arkansas and its athletic program.

    "There are obvious alternative remedies for those people that feel that Mitch Mustain was not given a proper remedy," Lindsay said during his ruling.

    Lindsay said any individuals who didn't like how White handled the e-mail investigation could write a letter to the University of Arkansas Board of Trustees or talk with Mustain to have him pursue the matter further. But the courtroom wasn't the place for it.

    "This isn't the People's Court, as you see it on TV," Lindsay said.

    Monday's hearing began at 1:30 p.m., and the arguments between the two sides never got heated. Lindsay took a break at 3:54 p.m. to deliberate in his chambers, and he returned 30 minutes later and gave his ruling.

    "From where the defendants stand, the case is over," Varady said.

    Reader Comments (26 comment(s))


    The following comments are provided by readers and are the sole responsibility of their authors. The Morning News does not review comments before their publication, nor do we guarantee their accuracy. By publishing a comment here you agree to abide by our comment policy. If you see a comment that violates our policy, please notify the web editor.

    routehog wrote on Jun 4, 2007 9:40 PM:

    " "This isn't the People's Court, as you see it on TV," Lindsay said. And this isn't the People's U of A either. "

    Westcoast Hawg wrote on Jun 4, 2007 10:19 PM:

    " Let the truth be known about those e-Mails to Wally Hall and Mitch Mustain. "

    Jerryab wrote on Jun 4, 2007 10:22 PM:

    " Judge Lindsay had a difficult job in balancing the law of the state with the emotional context of this legal motion. I think he used his knowledge and judgement to come to a good decision for all concerned within the confines of his authority. As a citizen, this decision gives me more confidence in our legal system. "

    ozarks wrote on Jun 5, 2007 1:51 AM:

    " The judge was wise in his ruling. Just as many have said, this was frivolous and nothing more than a witch hunt. Now, we can move on. Go Hogs! "

    Neutral & Entertained in CT wrote on Jun 5, 2007 7:08 AM:

    " The "illegal exaction" law seems ripe for abuse for suits that try to interfere with officials rights and duties. But to allow the plaintiff to refile, must mean that in the Judge's view, it is a matter of making the right allegations. What could those be? Suppose HDN was really behind the emails in order to coerce Mustain to leave and free up a scholarship (or just to be rid of Ms. Campbell). This would be a direct violation of NCAA regulations. Now add in that White engaged in what I think is known in legal circles as "willing blindness" by handing over the investigation to Nutt, and then Nutt is given the pre-agreed raise. Yet no one (except Nutt insiders) really knows if Nutt committed an NCAA violation, without an investigation. Most of us think this email stuff is all silly anyway, but it is an NCAA violation to chase a scholarship athlete out of town. Until White was genuinely satisfied that no NCAA misconduct occurred, should he have been so quick to hand out the raise? Try it this way: If a new building was being constructed on campus and a worker told White he thinks one of the beams is faulty, would it have been OK for White to (1) tell the General Contractor to investigate, and (2) pay the GC? Not really... but does that make it a proper illegal exaction suit? Still, why be allowed to refile if the very nature were frivolous? "

    tcoach24 wrote on Jun 5, 2007 7:40 AM:

    " The fishing expedition is over and once again Houston Nutt and the Razorback family have defeated those that strive to damage the university and the football team. Jerryab - judges do not consider "emotional context" when making decisions. Judges do not seek a "balance" between the law and emotion. Emotion is not relevant. I also disagree that the judge had a difficult time - he made his decision in 30 minutes! Judges often spend days deliberating such things, and this judge took half an hour. This entire situation is proof that if you give a lawyer enough money, he'll find a way to sue anybody for anything. He doesn't care if the suit is successful or not, he gets paid either way. I don't know how Eddie Christian sleeps at night. "

    Neutral & Entertained in CT wrote on Jun 5, 2007 9:36 AM:

    " pgjohnw: It seems that's the case but if it was an outright, obvious waste, would a judge allow an opportunity to refile -- doesn't that usually mean it's a matter of making the right allegations? I don't think it is because the judge or any sane person thinks that this kind of lawsuit should be alowed - - it's up to the trustees and Supt. to decide whether they want the the facts unearthed or remain buried - - but the judge is stuck with the law, which says that UA can be sued to sue for misapplication of public funds and you can spin allegation to allege, HDN shouldn't have gotten the the raise until genuinely cleared of an allegation that he violated NCAA rules by approving of the emails. You may think that factually, that is outlandish and absurd, but others thinks it's more outlandish that he wouldn't have known and approved. Regardless, isn't the real question, if he did committ an NCAA violation, was it a misuse of funds to give him the raise? If so, then the allegations fit the requirements of the statute. Just happens to be a statute ripe for abuse. But if the trustees won't act, maybe that's why your state has that law. "

    Bama Hog wrote on Jun 5, 2007 9:54 AM:

    " White and Suggs are the ones wasting time and money. This is not going away. Clearly looks like they can refile if they wish sighting different allegations. White and Suggs should step up and have an independent investigation done. If they have nothing to hide, why not just eliminate the speculation? Also an interesting comment that the judge made about Prewitt's email being inappropriate --possibly to the extent of being criminal. Does this mean a DA/PA should be investigating possible charges against her or would MM have to request this? Neutral & Entertained in CT, what is your take. You seem to know your way around the courtroom? "

    Neutral & Entertained in CT wrote on Jun 5, 2007 10:51 AM:

    " To Bama Hog: Whoever transmits by the Internet, without disclosing his identity, any communication with intent to annoy, abuse, threaten, or harass any person is guilty of a federal crime punishable by fine and up to two years in prison. So the thresshold question is whether TP identified herself. If the Judge knows she didn't, technically, he should have made a "reference" to the US Atty to consider it, and no, you don't need a complaining witness (that's TV stuff) but a lot of prosecutors want onebecause if the victim doesn't view himself as such, why should society? Ark. may have a comprable state statute, I am unfamiliar with its laws. I think, in my own view, the bigger shoe would drop if down the road, Mustain sued TP for "emotional distress" and for defamation (she could be accused of defaming him when forwarding the email to others but it's not a strong case because it's not reasonable to believe she meant what she said since it's pathetically childish). And Musatin could add claims against UA for fraud in recruitment promises - - as I wrote before, a UMiaimi qb in the 1990s (Bryan Fortay) did and got settlement money. Mustain can sue up to the last day of the statute of limitations (don't know it, probably at least 2 years.) That's why the Trustees should want this out in the sunlight, and behind the school. Imagine if Mustain sues next year? "

    Bama Hog wrote on Jun 5, 2007 11:11 AM:

    " Indeed that would be ugly. And with that said, I cannot see why an independent investigation should be conducted. It seems like it would be in everyone's best interest. Well, unless the allegations are true then Nutt would have some packing to do. "

    Bama Hog wrote on Jun 5, 2007 11:12 AM:

    " Correction: Indeed that would be ugly. And with that said, I cannot see why an independent investigation should NOT be conducted. It seems like it would be in everyone's best interest. Well, unless the allegations are true then Nutt would have some packing to do. " "

    Neutral & Entertained in CT wrote on Jun 5, 2007 11:28 AM:

    " Bama Hog: Forgot to add this one:By and large (not always but usually) a private civil action may be brought by the victim of a criminal violation. So my personal take is this: the Mustains first want to see what happens at USC. College coaching is still a fraternity and they don't want Carroll to have to deal with the distraction of any lawsuit by them. But Mustain did make his own FOIA request, likely being told by a lawyer that they can't take the 2nd hand FOIA info from McAfee, they have to have their own. So they'll wait things out, but I'd bet that right now, they know what that statute of limitation period is on potential claims. They also know one other thing: Posters/UA officials can declare all they want that this is over, let's move on, etc., - - but it's they who will decide when this is over (or not) by deciding later whether to sue. Won't it be one interesting place for White and Suggs to be in a year or two with the next HDN contract extension signed, and then it is revealed - - which is awfully plausible - - that HDN approved of the emails, which would be an NCAA violation. What are White and Suggs going to say then? Gee, we had it "investigated" by HDN and he told us there was no wrongdoing....by HDN. Great institutional oversight leadership and oversight, huh? "

    HawgCowboy wrote on Jun 5, 2007 9:25 PM:

    " Mustain would ruin his football career at Southern California if he filed a lawsuit against Houston Nutt. A lawsuit like that one would consume Mustain's mind and time, totally consume his college life. I've had legal battles. They string out for years if they are going to court. Mustain's career as an NFL football QB (which he could easily be yet) would be sabotaged by himself if he filed suit......All of this makes me want to watch reruns of Boston Legal, Perry Mason, or Ally McBeal. I say this case is over for now and for good, if you just take the results of what would happen to Mustain's life. It would ruin him in the eyes of many in the football fraternity, and he can't afford that. "

    Bighog wrote on Jun 5, 2007 11:10 PM:

    " I don't get it? A a kid (a football PLAYER) received an unwarranted email from an overzealous fan. (And you don't think that happens to other athletes?!) This is a SPORT, SPORT people, SPORT ... not a life-threatening issue ... a SPORT, you know for "fun" or at least it was until Little League Dads weighed in. To the point, if all Mitch Mustain ever experiences in life that's hard or otherwise unpleasant is a lone email from a goofy woman, then what a blessed life he will lead! A few fans want so-called justice for the unkind act towards Mitch - while hypocritically performing the same (or worse) acts towards Coach Nutt & the UofA in general. Innuendo, slander, gossip, etc., all are offenses perpetrated in the guise of seeking justice. So who is worse - Prewit for her ignorant rant or Fans ranting in the same manner about a Coach of a SPORT. Answer - they are equal in their actions, both deserving our disdain! Accountability is what you want? Good, let's hold FANS & Media accountable as well for innuendo, slander, gossip, etc.! Time for folks to move on, find a new (SPORT) team to cheer for, and grow-up! If you don't like White, Nutt, etc., fine don't buy tickets! Obviously there are plenty of Hogfans who do support the coaches & team. Time to let Mitch learn, move-on, and forget it!!! "

    NWA Guy wrote on Jun 6, 2007 5:08 AM:

    " Well said Bighog. I am choosing to move on and find another team to follow. Maybe Georgia... "

    Bama Hog wrote on Jun 6, 2007 8:11 AM:

    " Big Hog: Your same post over and over and over again is really funny. You are one of my favorite comedians. I really like how you type the word SPORT. "

    Bighog wrote on Jun 6, 2007 10:17 AM:

    " Thanks Bama ... hopefully folks will catch on one day that football, basketball, track, etc. is just that ... a recreational activity (i.e. sport) ... not the life-or-death drama so many make it out to be. We lived in B'ham for 11-yrs., right when the Hogs joined the SEC (attended the SEC b'ball tourney the Hogs played in at B'ham - what a memory of calling those Hogs when Day, Mayberry, Miller & company strolled into Jefferson County arena for the first time ... we served notice to the Big Blue that the Big Red had arrived). Comedian?? Naw, just a fan who puts his money & mouth together vs. just a lot of mouth when it comes to supporting the University of Arkansas and the Athletic program. There are a lot of blowhards who do little to fund (i.e. support) the program. And those who do "fund" should always remember, it's only a recreational activity! Go Hogs, beat Bama!!! "

    Bighog wrote on Jun 6, 2007 10:20 AM:

    " Excellent NWA Guy ... by the way, Tula Hurricanes are also a fine choice for fair-weather fans who are not satisfied with 10-4 records, Heisman Runner-Ups, and SEC Coach of the Year per his peers (the guys who actually know something about coaching / running a NCAA Division 1-A football program). Enjoy the Dawgs! I've attended a couple Razorback games there in Athens, awesome environment for a college sporting event. Go Hogs!!! "

    Neutral & Entertained in CT wrote on Jun 6, 2007 10:23 AM:

    " To HawgCowboy: My own view is that you are 100% correct in the consequences of filing a suit while playing at USC. But he surely has some number of years to consider it until expiration of whatever statute of limitations applies, and I can't see any other reason why, after the long FOIA report was made public, he would still go ahead and make his own FOIA request. But what really makes me think that it is a consideration in the Mustain camp is this: Look at the (poor) judgment exercised by Beth Campbell in allowing that reporter access to her son while UA had just handed over scholarships and one job worth what, $200-250g a year, maybe more, in total to the group? And descending en masse on JFB with a group of parents effectively behind HDN's back? How was that going to help repair the rift? So I think there's a myopia that clouds the judgments made in Mustain's camp, and if they are talking to a lawyer about a suit, there is that UMiaimi precedent for that kind of lawsuit, they wouldn't be breaking new ground like the current fan is trying to do with his exaction suit. But yeah, anyone ever involved in any arduous litigation, on either side, knows when it's over that it wasn't worth it. "

    Bama Hog wrote on Jun 6, 2007 1:04 PM:

    " BigHog: You are alright in my book even if you don't see it my way. I support the atheletic department and the school of business every year. Maybe not the biggest booster, but I do what I can. I do support the U of A no matter what some might think. I just think HDN has handled this whole thing poorly. See you in Tuscaloosa this year. I will never, ever, ever stop cheering for the Hogs. Out on HDN though. "

    HawgCowboy wrote on Jun 6, 2007 1:34 PM:

    " Neutral-CT, you wisely said in your conclusion..."But yeah, anyone ever involved in any arduous litigation, on either side, knows when it's over that it wasn't worth it." In a five year legal battle I was in once (you have to trudge through the same old emotional junk over and over for court preparation), my lawyer asked me did I want to continue seeking a court trial...or did I want to move on with enjoying my life? I won a big settlement, but no, it wasn't worth the emotional junk I had to repeatedly immerse myself in for years...A trial full of emotional issues like Mustain's would be would in no way be worth it for a talented, athletic, full of life young man like Mitch is. His best way (and surest way) to get back against Coach Nutt is to live well and play QB well for the USC Trojan football team. Nearly all Arkansans will be pulling for his success in college. It will also be great if he becomes a professional QB, maybe even for the Dallas Cowboys. Jerry Jones likes athletes with an Arkansas background. What if D-Mac and Mitch some day play for the Cowboys? Now that would be super!! "

    Neutral & Entertained in CT wrote on Jun 6, 2007 2:24 PM:

    " HawgCowboy: Well said, I couldn't agree more. I've known people in the same boat - - "victors" in court awarded money and regardless of amount, can't get back the 5 years, and that is a pretty good estimate of the length of a legal battle. But given the people involved here, I just don't really see the thinking behind MM's mother's "judgments" in any of this, it always seems to be lose-lose for MM, and that is going back to the days, if the news accounts are true, of trying to exact a scholarship from a reluctant ND before coming to UA. But you can't argue with the kid's willingness to compete, so hopefully he decides that a singular devotion to his skills and education trump whatever "political" mileage can be derived from being a heralded athlete. So maybe it is one heckofan "education" in human nature he has taken with him and if he has maybe you will see him in that Cowboy uniform - -losing to my always top-notch, perennial dynasty of a team.......the NY Jets! "

    Bama Hog wrote on Jun 6, 2007 3:11 PM:

    " Alright HawgCowboy ! no D-Mac or Mustain on the Cowboys (or the J-E-T-S for that matter). I can however imagine Mustain coming up under the tutelage of Manning and him and D-Mac taking the Colts into the next era. Go Hogs! Go Colts! "

    Neutral & Entertained in CT wrote on Jun 6, 2007 3:33 PM:

    " To Bama Hog: When referring to the Jets, please use the full team name - - it took us 15 years of having one midle-aged man in a fireman's hat sit on another middle-aged man's shoulders at games until all of the fans were able to spell the team's full name correctly -- J -E-T-S JETS JETS JETS. Thank you. "

    Bama Hog wrote on Jun 6, 2007 3:51 PM:

    " Neutral & Entertained in CT - my sincerest apologies. The guy doing the carrying really needs to re-think the whole idea. I am sure he was drunk 15 years ago on the day he said, "yeah man, that sounds like a good idea". "

    Neutral & Entertained in CT wrote on Jun 6, 2007 3:59 PM:

    " I am 100% certain that you are 100% correct, I actually had season tickets in those days, and given the less-than-championship play of the team in the Joe ("Joe Must Go") Walton era, drinks flowed plentifully and somehow the whole chant just sort of happened. (I was there too when they set fire to the stands and a ballon pumpkin at a Monday night Halloween game, that was the beginning of the end for 4th qtr./Mon night alcohol serving. Amazing when you can live in NYC and one of the more dangerous places to be would be at a Jets game. Well, since we never seem to be able to lay claim to any title, at least we have a well-coordinated chorus of 60,000. (PS - I believe from some old news stories that the carrier is "Firemen Eddie's (the "conductor") brother or brother-in-law.) "


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