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Federal Court hears Tigrett, Kintz lawsuit

U.S. District Judge Norman K. Moon heard two motions for summary judgments yesterday to dismiss a $1.5 million lawsuit against the University.

Harrison Tigrett and Bradley Kintz, whose cases have been consolidated, said the University Judiciary Committee violated their right to due process. The UJC suspended them for participating in a 1997 assault on then first-year student Alexander "Sandy" Kory. Richard Smith also was suspended for his role in the assault.

"There is sufficient evidence given in depositions and affidavits that [Tigrett's] rights were violated," said Clay James Summers, a local attorney facilitating Tigrett's Memphis, Tenn.-based lawyer, Frank L. Watson III.

The defense contends that Tigrett's rights were not violated, said Richard Kast, University general counsel.

There are three possible outcomes to the motions for summary judgements, Summers said. Moon can rule in the University's favor, dismissing the case without a formal trial. If Moon rules in favor of Tigrett and Kintz, the case will go to trial March 19. Moon also can throw out certain counts, precluding elements of the complainant's lawsuit from going to trial, Summers said.

Moon did not make a decision yesterday, and attorneys on both sides said they are unsure when Moon will decide.

The lawsuit names 30 defendants, including University President John T. Casteen III; William Harmon, vice president for student affairs; the Board of Visitors and eight students involved in the 1998 UJC proceedings.

Legal complications began when neither Tigrett, Smith nor Kintz were present at their student disciplinary hearing because they thought the hearing had been postponed.

The UJC expelled Kintz, Smith and Tigrett from the University. The defendants then appealed to the Judicial Review Board, which handed the case to Harmon.

Harmon appointed an investigative council in May 1999.

Tigrett was suspended for one year, Kintz was suspended for a semester, and Smith was suspended for two years.

A U.S. district court decided against Smith's $1.25 million lawsuit against the University last October.

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