Judge grants Ole Miss, IHL motion to dismiss in Nutt lawsuit

WJTV – A United States District Judge granted Ole Miss and the Board of Trustees for Institutions of Higher Learning a motion to dismiss in Houston Nutt’s lawsuit against them and the Ole Miss Athletics Foundation on Wednesday.

In the order issued by Judge Neal B. Biggers, Jr., Ole Miss and the IHL argued they are not “citizens,” but “arms of the state of Mississippi.” Therefore, they argued jurisdiction was lacking in this case.

Both sides then agreed that the case lacked subject matter jurisdiction. The court concurred.

“The court points out that the claims filed by the plaintiff involve no federal statutes or U.S. Constitution claims and are all state law claims, and therefore, since the issues are not between “citizens of different states,” the federal court lacks jurisdiction under the pleadings as presented,” Judge Biggers said.

Nutt’s lawyer, Thomas Mars, is reportedly looking to refile the case in state court, according to The Clarion-Ledger’s Antonio Morales.

Back on July 12, Nutt filed a lawsuit against Ole Miss citing a breach of his severance agreement. He claimed the University was conducting a smear campaign against him by alleging Rebel officials were conducting off-the-record interviews with journalists that detailed how the NCAA allegations against the Rebels’ football program happened mostly during Nutt’s tenure.

Nutt coached Ole Miss from 2008 to 2011.

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