Alumni lawsuit over Knight firing sent to Indiana Court of Appeals

Less than a month after setting the stage for a trial in a lawsuit against the IU board of trustees, a Jeffersonville judge has decided to send the case to the Indiana Court of Appeals.\nThe plaintiffs, a group of 46 supporters of former men's basketball coach Bob Knight, filed an appeal to the decision Tuesday.\nThe plaintiffs allege IU President Myles Brand violated Indiana's Open Door Laws when he fired Knight last September. Brand consulted with two groups of four trustees before firing the legendary coach.\nThe University maintains no quorum was present at any meeting with Brand, eliminating the need for public notice.\nSpecial Judge Cecile Blau ruled in July to allow the plaintiffs to pursue their claim in court. The IU board of trustees appealed in mid-August, citing the release of information and embarrassment a trial could cause.\nBlau granted their request, sending the case to appeals court Aug. 20.\nGojko Kasich, lead counsel for the fans, said he has "never seen a court just grant" summary judgment and said he feels the plaintiffs should have been able to respond to the board's request.\nUniversity spokeswoman Susan Dillman said the board's motion speaks for itself and that the University will not comment further.\nThe motion also states discovery into several aspects of the defendants' case has been hindered by protective orders filed on behalf of the board.\nThose areas include defining the intent behind Brand's meetings with trustees last year, the content discussed in those sessions and whether a vote was taken to fire Knight.\nAnother provision of the appeal claims the attorneys for the board of trustees presented as evidence a document posted on an Internet message board -- evidence the fans feel does not constitute a "legitimate legal argument."\nThe message, defendants said, is an example of the "embarrassment" a public lawsuit could cause the University and the board of trustees.\nKasich said the plaintiffs can't understand who the University is trying to protect, calling their claim "irrelevant and improper." Plaintiffs cited a July case in the Washington Court of Appeals dictating communication such as even e-mail between an agency's majority can constitute a meeting under Open Door Law.\n"It baffles me what possible things could have been discussed (in the September meetings) embarrassing to anyone but Bob Knight," Kasich said. "Why are they so worried about protecting Knight after getting up in front of TV cameras and smearing the guy?"\nKasich maintains Knight is in no way personally involved in the case. \n"Bobby Knight's in Texas," Kasich said. "This is not a Knight case. This is government abuse of power." \nDorothy Frapwell, IU's legal counsel, was out of the office Wednesday and could not be reached for comment.