Roberts' filing seeks dismissal of lawsuit
BY APRIL MARCISZEWSKI World Staff Writer
Thursday, February 14, 2008
8/18/08 at 11:50 AM
Complete Coverage: Read the latest ORU stories, view the lawsuit and other documents and watch slide shows and video.
Former Oral Roberts University President Richard Roberts argued Wednesday in a
court filing that the lawsuit by
two former professors is not
legally viable and should be
dismissed.
He also maintained that the
court should dismiss the professors' wrongful termination
claim against him.
pu,UFslams Roberts says in his court filing that he did not employ former professors Tim and Paulita Brooker, so he cannot be
sued for their alleged wrongful termination.
Besides, his filing claims,
the Brookers were contract
employees, so they cannot use
the part of the law they are
claiming to argue they wrongfully lost their jobs. Roberts'
legal argument is similar to
the argument ORU and other
defendants in the suit made in
a court filing on Friday.
Tim Brooker alleges he was
forced to quit because he
helped turn over to ORU regents a report that alleged
Roberts misused ORU money
and more. Roberts has denied
wrongdoing.
Roberts' court filing says
Tim Brooker resigned, and
ORU did not renew Paulita
Brooker's contract. It says that
"ORU's hierarchy" had had
the report of alleged wrongdoing about 14 months by the
time the Brookers lost their
jobs, so Tim Brookers' part in
handing the report to ORU
leaders "cannot logically be
tied to" the end of the Brookers' employment.
Alleged defamation: The
Brookers did not specify in
their first defamation claim
what Roberts said that allegedly defamed them, so Roberts
and the court cannot respond
to that claim, his filing says.
The Brookers also do not
specify how the alleged defamation harmed them, which is
required by law, Roberts
claims.
The Brookers also allege
they were defamed when Roberts said at an ORU chapel service in October that he was
"not intimidated by blackmail
and extortion." Roberts' "opinions" about the Brookers'
"conduct and/or motivations
in filing this lawsuit" are protected under law, Roberts'
court filing says.
Brookers' other claims: Roberts made arguments similar
to ORU and the other defendants in support of dismissing
the Brookers' other claims.
Associated Images:
LEGAL ANSWERRichard Roberts: He says in a legal filing thatformer professors Tim and Paulita Brooker werecontract employees, so they cannot use the partof the law they are claiming to argue theywrongfully lost their jobs.
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