trict level and second, the travel distance to attend hearings
increased fifty-fold.
An advantage was also inadvertently given. The judge who was appointed
to sit at this session was known for his fairness and knowledge of the
law.
Al Garret immediately filed an amended complaint to the federal court
which could rule on federal laws as well as state. In it, he listed
six charges against Belmont University: 1. Violation of due process;
2. violation of constitutional law; 3. violation of the state
administrative procedures act; 4. violation of the state open meeting
law; 5. violation of the state access to public records and 6.
violation of the fair employment practices act.
With the listing of these charges, he asked that the court issue a
restraining order, an injunction that would order the respondent,
Belmont University, to grant the plaintiff her right to a fair and
impartial hearing by the university and access to the documents that
had been withheld from her.
It was at this time, shortly after the final university hearing had
ended, that Diana began getting threatening phone calls. She was told
to drop the court proceedings if she didn't want something really bad
to happen to her.
After the initial hearing on the complaint and before any decision was
handed down by the judge, Murrain filed a motion for summary judgment
on counts three, four, five and six--all of the counts related to state
law. In effect, he was asking the judge to throw out the four charges
for lack of validity.
His motion caused a veritable flurry of other motions from both sides
and effectively delayed the process of law by dividing the charges. It
also increased the cost to the plaintiff. It was a gamble for the
university. If it paid off, it would cut the charges down to two--both
federal, while disposing of all the others. If it didn't? No problem,
there were always appeals to be made that could continue the process
indefinitely.
At the hearing on these motions, Al Garret limited his argument to a
synopsis of his brief. He carefully related the applicable laws and
requested that the defendant, Belmont University, be ordered to grant a
fair, open hearing to the plaintiff, Diana. Also, that the plaintiff
be supplied with the student feedback evaluations she had requested and
that had been denied to her.
Al was an intelligent work-horse of an attorney. At 57, he took his
legal duties seriously. His heavy glasses
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