Suing New Mexico State

I think I'll sue New Mexico State University.

I'll get the ACLU to handle my case, for free, so those Aggies will buckle their knees and pay me a lot of money in an out-of-court settlement.

They do that, you know. Sue 'em and they settle.

NMSU settled out of court this week on a lawsuit brought by four former football players against Coach Hal Mumme. The basic complaint was Mumme allegedly didn't treat them well, and they said it was because they are Muslims.

Aw c'mon!

A few years back, NMSU backed out and paid off its former basketball coach, Neil McCarthy, some $800,000 when he sued over being reassigned to some gymnasium job across campus, if I recall. Teaching dance, was it? In the McCarthy case the Aggies had to pay the lawyer(s), too — about a million dollars, if I recall correctly.

Hey, these Aggies are easy money. Sue and get paid.

I can see why the school just wants to get it over — settle and get on with hoping they don't get sued again. It's a state institution so the taxpayers cough up the money, anyway.

Here's my suit (are you listening ACLU?):

For more than 15 years, as sports editor of the Las Cruces Sun-News, I had to cover that terrible Aggie football program every single fall, year after year after ...

Then, when I came to El Paso in 1985, I had that equally terrible UTEP football program eroding my natural wonderfulness.

I'm a warm, gracious, loving person. Anyway, that's what God intended. The real me would never, ever, say an unkind word about anybody in print.

My suit contends the Aggies turned me into a tell-it-like-it-is, mean ol' sports columnist when I could have been a beloved suck-up to the home team.

Anyway, do you think I can get a million or so out of the Aggies?

Comments

[Who's your Mumme]

Another NMSU topic on Utepia?! Things must be slow in the Sun city.

Joe,
Your have always been an angry old fart!

I believe Mumme was hoping the case would get thrown out.
When it moved forward, he decided to settle right before the trial (next week) at a minimal amount.
That infuriated the ACLU lawyers because they have a reputation of settling immediately and now had to invest more time and $.

I hope SM (fellow Aggie and Houston lawyer) can explain it better.
My understanding is that Mumme offered in case he lost.
If he lost, he could only pay a certain % above the offered amount and the ex- players would have to pay his attorney fees.
Good move on Mumme and the NMSU but, SM can explain it better.

As far as paying McCarthy $800K for teaching ballet? A lot of money for a guy had two left feet!

[SM]

My understanding of the case is pretty limited. I believe the action was brought pursuant to 42 USC 1983 (which creates a civil action against individuals acting under color of law in violating a plaintiff's constitutional rights). The action was also pursuant to Title VI of the Civil Rights Act of 1964.

I'm not sure why the case settled, but I do understand that Mumme and NMSU's Motions for Summary Judgment (trying to have the judge dismiss the case before it goes to trial before a jury) were denied. This put Mumme and NMSU in a heck of a position. They could either run the gauntlet and try the case, risking a huge amount of damages and attorneys' fees (Both the Civil Rights Act of 1964 and 42 USC 1983 allow for attorney fees), or they could settle the case and get rid of the humiliation.

If NMSU and Mumme won their pre-trial summary judgment motion, the case would have been dismissed. To win an SJ, they would have to show that there is no fact issue regarding religious discrimination. Good luck with that, because my understanding is that the case was full of fact issues. However, after losing summary judgment, the ACLU had a ton of leverage against NMSU, and the best decision was to settle and get rid of the case rather than risking a big judgment and attorney fees.

Finally, settlement details are almost always confidential, which is very attractive for the University, while a judgment at trial is public record.

I hope this helps the understanding.

[Who's your Mumme]

Not trying to chage the topic but, an NMSU update.

The Las Sun web page is reporting that Nolan Richardson has applied for the job but, Dr. Boston is not considering him.

I guess his racist rant/ law suit vs. Arkansas still follows him.
If Utep didn't hire him why should NMSU?

Also, Dr. Boston will conducting interviews this weekend and a coach should be named by next Friday.

BTW,
Reggie will hold his last press conference at NMSU at noon today.
I'm curious if he will appeal to the recruits to stay the course?
That would be the best thing he could do for us now.

[Gabe G.]

Who's your Mumme, the best thing for Theus to do is JUST GO ALREADY!!!!
Who wants a conceited buffoon
hanging around to gloat anyway?
And Joe, if you had remained in Las Cruces, you'd probably have a case!

[Jon]

KVIA reported that Herb Pope is now looking to get out of his commitment with NMSU because of Reggie Theus' departure.

[SM]

I bet that is the best news you have heard all month, huh John? I can see the smile on your face!

[Who's your Mumme]

Really?
I was at Reggie's last news conference and Herb Pope was in attendance.

He assured everyone he is coming to NMSU.
He mentioned he was dissapointed about Reggie leaving but, understood and likes the direction of the program.

Its all speculation until NMSU confirms his release.

[Vic]

It's too bad if it's true but, we can't be succesfull if he doesn't want to be here.

We won 25 games last year and 4 of 5 starters are back.
In the 25 wins, Herb Pope was a non factor. Heck, he didn't even suit up!!!!!

Hope he stays but we still have a good nucleus without him.

[Gabe G.]

Isn't this blog about UTEP sports?
Enough with your NMSU bologna,
nobody cares!

[Vic]

If nobody cares.
Why are all the news outlets covering NMSU on a daily basis?

There is nothing going on w/ UTEP at and Joe Muench is waiting to see who we hire to start a new post.

Three straight NMSU posts?

Face it, NMSU has gotten more attention in El Paso than UTEP, in the last 12 months!