Citizens' lawsuit shapes up

A lawsuit filed by Indiana citizens and IU alumni against the University for avoiding state laws is beginning to take shape. The plaintiffs now know who will defend the University, what judge is likely to hear the case and what is likely to happen next. \nThe lawsuit claims that IU President Myles Brand and the board of trustees deliberately skirted Open Door Laws Sept. 9 by meeting in two separate groups of four trustees before Brand made his decision to fire then-basketball coach Bob Knight. Lawyers Gojko Kasich and Roy Graham filed the suit in Monroe County Circuit Court Oct. 2.\n"We are confident that this action is right as rain and will pursue this matter even if it requires an appeal," Graham said. "The importance of the law at issue in this case protects all of us: the poor, the rich, the good, the bad, the ugly, the famous and the infamous. In other words, people from all walks of life."\nThe University will be represented by a trio of lawyers from the Indianapolis firm Baker and Daniels. The firm has represented large corporations such as AT&T, Bank One, General Motors and Clarian Health. Ellen Boshkoff and Scott Himsel are the lead counsel, assisted by Stacy Prall. Boshkoff, an expert in employment and commercial litigation, graduated from the law school in 1990 summa cum laude, and Prall is also law school alumnus.\n"I think Baker and Daniels is one of the more powerful law firms in the state," said Kasich, who practices in Lake County.\nUniversity Counsel Dorothy Frapwell said all of IU's litigation will be handled by outside counsel.\nWhen Monroe Circuit Judge Elizabeth Mann excused herself from the case, she gave both counsels a list of three judges from which each side could remove one. The University struck Richard McIntyre of Lawrence County from the list, leaving the plaintiffs to choose from David Johnson of Greene County and Frank Nardi of Owen County. Graham chose to remove Johnson, leaving Nardi to preside over the case. Nardi was informed of this decision late Tuesday night.\n"I'll have to decide if I'll be able to accept it," said Nardi, who is not allowed to speak about the specifics of the case.\n"I have been honored to practice in front of Judge Nardi for several years and he is a fine judge," said Graham, a Bloomington lawyer. "Everyone can be assured that he will listen, deliberate and issue fair rulings."\nKasich said the University needs to make the next move, no matter who hears the case.\n"They can file a motion to dismiss, or they can file and answer to our suit and proceed further," Kasich said. "We plan on serving them with a discovery motion in the next week or so."\nWhen contacted, IU lead counsel Boshkoff said, "I can't really comment on anything today."\nGraham said discovery is likely to include depositions of Brand and the board of trustees, which could occur in early November.\nThe trustees intentionally met in two groups of four at Brand's house before the Sept. 9 football game to discuss Brand's decision to fire Knight. If five members of the board, a quorum, meet at the same time, state law requires that they give notice to the public 48 hours in advance. At such a meeting, they would have to meet publicly or state their reasons for not doing so.\nHouse Majority Leader Mark Kruzan, D-Bloomington, introduced a bill two years ago that would have banned this practice. \n"The bill failed and that's why IU will win this lawsuit," Kruzan said. "The law clearly protects the loophole that IU used to hold these conferences."\nBut Kasich disagrees.\n"Part of what we wanted to do is show that public agencies are doing things they shouldn't be doing," Kasich said. "Maybe it's time a judge or the legislature put a stop to it"