In a motion filed Wednesday, Lane Kiffin and an Ole Miss attorney laid out six reasons why the lawsuit filed by Rebels players in September should be dismissed.
DeSanto Rollins, who continues to receive a scholarship from the school, alleges in a federal lawsuit seeking $40 million in damages that Kiffin “ignored” signs that Rollins was suffering from depression and He said he had been treated with “extreme recklessness and indifference.”
“Plaintiff does not allege that Keefin treated her differently than other similarly situated individuals, much less that he did so with discriminatory intent on the basis of Plaintiff’s race or gender.” No,” wrote attorneys Paul B. Watkins Jr. and Walter G. Watkins Jr. Brief in support of a motion to dismiss.
“Similarly situated individuals” Rollins alleges in his lawsuit include a “white football player,” a “white female softball player,” a “white female softball player,” and a “white female softball player” who were allegedly not punished for taking mental health leave. Includes volleyball players.
“Plaintiffs do not allege that Kiffin coached any of the volleyball or softball student-athletes or was involved in decisions regarding their alleged ‘mental leave,'” the attorneys wrote in their motion to dismiss. Ta. “Absent such facts, Kiffin cannot be said to have discriminated against plaintiff in his personal capacity.”
During the Feb. 27 meeting, Rollins claimed that he was upset that Kiffin did not enter the transfer portal after the 2022 season. “He will be moved from the defensive tackle position to the offensive scout team,” he said. Rollins said she told Kiffin at the end of the meeting that she was “going to take a mental health break.”
After the Feb. 27 meeting, Rollins’ mother contacted Ole Miss athletic trainer Pat Jernigan and told him her son was “going through a mental health crisis,” according to the complaint. .
Rollins said he suffered from depression after his injury last season, which was exacerbated by the death of his grandmother. He was next to his grandmother. “She took her last breath.”
Defensive line coach Randall Joyner directed Rollins to meet with Kiffin on March 1, according to the motion to dismiss. Josie Nicholson, Ole Miss’ assistant athletic director for sports psychology, informed Rollins on March 7 that Kiffin wanted to meet with him.
“Mr. Rollins did not yet wish to meet because he was not feeling well,” according to the complaint.
The meeting did not take place until March 21, leading to a controversial exchange recorded in the lawsuit.
“We have a great head coach,” Kiffin said. “This is a job. Guess what? If I have mental issues and it’s not getting any better, but the head coach is told over and over again that he needs to meet with you. But I can’t afford not to meet my boss.”
Front Office Sports exclusively obtained the audio recorded by Rollins. Warning: Contains strong language. The conversation starts around the 26 second mark.
“There is no legal obligation for a football coach to control a team’s roster or speak to his players in a certain way,” the lawyers said in their motion. “On the contrary, Mississippi courts have found that coaching decisions are primarily discretionary because ‘coaches must know their players and have control over their teams.’ It also does not specify a legal obligation to document institutional procedures for appropriate mental health referrals. ”
Messages left with Ole Miss, the school and an attorney representing Kiffin were not returned.
Mr. Rollins, who is black, claimed that he was denied his right to equal protection under the Fourteenth Amendment. Ole Miss’ lawyers wrote that Kiffin, as an individual, could not be the subject of such allegations.
Lawyers for Ole Miss and Kiffin also argued that Rollins “may not be able to recover damages for reputational harm or emotional distress against claims under Title VI, Title IX, and the Rehabilitation Act,” so Title IX Rollins’ claims that his rights under the Act were violated should be dismissed.
Lawyers also wrote that Rollins’ negligence claims against Kiffin cannot be pursued in federal court under the Mississippi Tort Claims Act.