Judge Again Dismisses Suit Over E-Mail To Former Arkansas Player

Friday, August 17th 2007, 7:45 pm

By: News On 6

FAYETTEVILLE, Ark. (AP) _ A state judge again dismissed a lawsuit against University of Arkansas officials over an e-mail critical of former Arkansas quarterback Mitch Mustain _ and the judge said Friday the plaintiff must pay the defense $1,000 in attorney fees.

Washington County Circuit Judge Mark Lindsay ruled in the case brought by John David Terry of Mount Ida. Lindsay dismissed the suit in June, but allowed time for Terry's attorney, Eddie Christian Jr., to amend and refile the complaint.

The amended complaint failed to sway Lindsay.

``The court did not find a great deal of difference ... as far as the facts,'' Lindsay said while announcing his ruling.

Terry claimed that public money was misused because university Chancellor John A. White had Arkansas football coach Houston Nutt investigate the e-mail. Terry sued White and university system President B. Alan Sugg, alleging that White should not have had Nutt investigate the e-mail because it was sent to Mustain by Razorbacks booster Teresa Prewett, a friend of Nutt's family.

The judge dismissed Terry's claims of breach of contract and breach of fiduciary responsibility in June, saying the court didn't have jurisdiction in those matters. He also dismissed Terry's claims that actions taken by university officials amounted to an illegal exaction and that the court should order more investigating. But on those two points, the judge left time to refile the suit.

On Friday, Lindsay was stern during his ruling.

``Unless you can allege more than what Mr. Terry has alleged here, quite frankly, it is none of this court's business,'' Lindsay said.

Christian had little to say afterward.

``Head for appeal,'' he said as he left the courtroom.

Moments earlier, White said he was pleased and satisfied _ and that Christian ``doesn't understand what the word 'no' means.''

Terry did not appear in court _ Christian said he had to miss the hearing because he was out of the country. Nutt's attorney, Byron Freeland, was on hand, but he did not participate in oral arguments.

Mustain started eight games for the Razorbacks last season, but left the team after offensive coordinator Gus Malzahn, his former high school coach at Springdale, left Arkansas to take a job at Tulsa. Mustain is now at Southern California.

Mustain's departure contributed to a firestorm in Arkansas. Nutt eventually gave Prewett 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.

Nutt's cell phone records have been obtained by fans and media under Arkansas' Freedom of Information Act, and Terry's lawsuit notes contact between Prewett and both Houston and Danny Nutt around the time Mustain received the e-mail. Danny Nutt recently resigned as Arkansas' running backs coach because of a persisting condition that involves bleeding in his brain stem.

Christian recently filed a brief citing e-mail from Sherri Darby, who the brief says has shared a residence with Prewett. The brief cites a Jan. 19 message from Darby to Sherry Hamilton, whose identity was not explained further.

``Unless the police come into our house and Danny's house and take the computers to prove the e-mails really went through that process, how do they know they were not spoofed?'' the message said, according to the brief.

Darby says she wasn't being serious when she sent that note.

``It was a sarcastic comment,'' she said in a telephone interview Friday. ``You cannot interpret a personal e-mail unless you know the people.''

Darby has since filed a motion for contempt, claiming Christian improperly obtained e-mail after discovery was supposed to stop.

Christian spoke for about an hour Friday, urging the judge to allow the case to move forward.

``One thing that there has been in this matter is a complete lack of transparency,'' Christian said.

Attorney Woody Bassett handled most of the university's argument _ he began with a reference to Arkansas' best player.

``I think it's fair to say Mr. Terry has as much chance of staying in court as I do of tackling Darren McFadden,'' Bassett said.

Lindsay not only dismissed the case, he took the extra step of assessing attorney fees against the plaintiff.

``There has got to be some method of deterring people from filing actions like this,'' Lindsay said. ``Courts don't like to encourage people to use them in ways that they should not be used, and I think that this is one of them.''