FAYETTEVILLE, Ark. -- A lawsuit against University of
Arkansas officials over the handling of an e-mail criticizing
former Arkansas quarterback Mitch Mustain raises legitimate issues
and should go forward, a court filing says.
John David Terry of Mount Ida has standing as a voter and
taxpayer to bring the Washington County Circuit Court complaint
against university Chancellor John A. White and system President B.
Alan Sugg, Terry's lawyer says in the filing Tuesday. The suit
alleges that public money was wasted or misused and asks the judge
to order a proper investigation.
The filing argued against a May 17 motion by lawyers for White
and Sugg to dismiss the lawsuit. The university lawyers say that
White and Sugg as government officials cannot be sued and that the
complaint is moot because Mustain is no longer a student at the
university.
Terry contends in his lawsuit that the university did not
sufficiently investigate a harsh e-mail sent to Mustain by
Razorbacks supporter Teresa Prewett. Prewett sent the e-mail to
Mustain in December, with a copy to an e-mail address registered to
Arkansas football coach Houston Nutt's family.
Nutt later gave Prewett, a family friend, an official reprimand
and barred her from the sidelines during games. He has said he did
not initially know about the e-mail, but some fans have speculated
otherwise.
In Tuesday's filing, Terry's attorney, Eddie Christian Jr. of
Fort Smith, said allowing Nutt to investigate the e-mail created a
conflict of interest. Christian said White ignored information that
Nutt and Prewett were close friends.
"White referred the (e-mail) to Nutt, which was the equivalent
of having him investigate his friend, his family and himself,"
Christian said. "The conflicts of interest associated with this
referral are so blatant that they do not even warrant discussion."
Circuit Judge Mark Lindsey is to hear arguments on motions in
the case at a hearing Monday.
Prewett and Nutt are not defendants in the lawsuit.
Mustain started eight games at quarterback last year as a
freshman. He is set to transfer from Arkansas to Southern
California.
------
Information from: Arkansas Democrat-Gazette,
http://www.arkansasonline.com