Report: Ole Miss files motion to dismiss Houston Nutt lawsuit
Ole Miss has responded to former coach Houston Nutt’s lawsuit by saying it is immune from the suit, according to a report by The Clarion-Ledger’s Antonio Morales.
Roughly two weeks ago, Nutt filed a federal lawsuit in Oxford citing a breach of contract and breach of good faith and fair dealing. In their response, Ole Miss and the Board of Trustees for Institutions of Higher Learning argue that Nutt is creating jurisdiction where it doesn’t exist.
“Nutt has attempted to create jurisdiction where none exists by misrepresenting the citizenship of the University of Mississippi and the IHL Board,” a response filed Thursday night reportedly reads. “As a court of limited jurisdiction, this Court should dismiss this action in its entirety.
“Alternatively, this Court should dismiss the claims against the University and the IHL Board based on their Eleventh Amendment immunity.”
The Eleventh Amendment reads, “The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.”
Ole Miss argues that the amendment protects the school from suit.
“Like other Mississippi public universities, the University of Mississippi is an ‘arm of the State of Mississippi’ immune from suit under the Eleventh Amendment,” the response reads. “The same is true for the IHL Board. For this reason, the University and the IHL Board are alter egos of the State and not ‘citizens’ for diversity jurisdiction purposes.”
Nutt’s attorney Walter Morrison downplayed the motion in a statement to The Clarion-Ledger.
“This has nothing to do with the merits,” Morrison said. “They are simply forum shopping for a friendly judge in a friendly court. It matters not to us which court we fight in.”