Arkansas fan's lawyer refiles lawsuit

Updated: June 26, 2007, 2:02 AM ET
Associated Press

LITTLE ROCK -- A lawsuit over an infamous e-mail sent to former Arkansas quarterback Mitch Mustain is back before a court.

Eddie Christian Jr., a lawyer for the man suing University of Arkansas officials over the e-mail, filed a revised lawsuit Monday. Washington County Circuit Judge Mark Lindsay earlier this month dismissed all four complaints in the suit brought by John David Terry of Mount Ida, but gave him 20 days to file amended pleadings regarding two of the complaints.

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

Christian, who is based in Fort Smith, noted in his new filing that Mustain's mother, Beck Campbell, had written a strongly-worded letter to members of the University of Arkansas System Board of Trustees in late February. According to the filing, Campbell said Mustain had been "systematically, maliciously and intentionally harassed and defamed off the field by individuals within the department and those closely associated with the Athletic Department."

In dismissing the complaint June 4, Lindsay said other action besides a lawsuit could have been taken to bring about an investigation of the e-mail. Christian hopes his amended filing can persuade the judge that other avenues were in fact pursued.

University lawyer Scott Varady did not return a call seeking comment.

The judge dismissed Terry's claims of breach of contract and breach of fiduciary responsibility, saying the court didn't have jurisdiction in those matters.

While also dismissing Terry's claims that actions taken by university officials amounted to an illegal exaction and that the judge should order more investigating, the judge allowed for time to amend and refile those complaints.

Mustain started eight games -- all victories -- 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.

Copyright 2007 by The Associated Press

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