In a motion filed Wednesday, attorneys for Lane Kiffin and Ole Miss laid out a half-dozen reasons why a lawsuit filed by a Rebels player in September should be dismissed.
DeSanto Rollins, who continues to work at the school as a scholarship student, alleged in the federal lawsuit, which seeks $40 million in damages, that Kiffin “ignored” evidence that Rollins suffered from depression and that Rollins suffered an “extreme subjected to “ruthless and indifferent” treatment.
“Plaintiff has not alleged that Kiffin treated him differently than other persons in a similar situation, much less that he did so with discriminatory intent based on plaintiff’s race or gender,” attorneys Paul B. Watkins, Jr. wrote . and Walter G. Watkins, Jr. in a brief statement of reasons for the motion to dismiss.
The “similarly situated individuals” that Rollins alleged in the lawsuit include “a white soccer player,” “white female softball players,” and “female volleyball players” who allegedly were not punished for taking mental health breaks.
“Plaintiff does not allege that Kiffin coached these volleyball or softball students or was involved in decisions regarding their alleged ‘mental breaks,'” the attorneys wrote in the motion to dismiss. “Kiffin cannot, in his individual capacity, say that he discriminated against plaintiff in the absence of such facts.”
In a meeting on February 27, Rollins claimed that Kiffin was upset about not entering the transfer portal after the 2022 season. He said he was being “moved from his defensive tackle position to the scout team on the offensive line.” Rollins said he told Kiffin at the end of the meeting, “He was going to take a mental health break.”
Rollins’ mother contacted Ole Miss athletic trainer Pat Jernigan after the Feb. 27 meeting and told Jernigan that her son was “suffering from a mental health crisis,” the lawsuit says.
Rollins said he suffered from depression after an injury last season that was exacerbated by the death of his grandmother. He was next to his grandmother, “she took her last breath.”
According to the motion to dismiss, defensive coach Randall Joyner asked Rollins to meet with Kiffin on March 1. Josie Nicholson, Ole Miss’ assistant athletic director for sport psychology, told Rollins on March 7 that Kiffin wanted to meet with him.
“Rollins didn’t want to meet with him yet because he wasn’t feeling well,” the lawsuit says.
That meeting didn’t take place until March 21, resulting in a contentious exchange that was chronicled in the lawsuit.
“You have a good job as a head coach,” Kiffin said. “This is a job. Guess what? When I have mental health issues – and I’m not going to tone them down – I can’t help but see my damn boss, even though you’ve been told over and over again that the head coach needs to see you.”
Front Office Sports has exclusively obtained the audio recorded by Rollins. Warning: Contains strong language. The conversation starts at the 26 second mark.
“There is no legal obligation for a football coach to manage his team roster or speak to his players in a particular way,” the attorneys wrote in the motion. “To the contrary, Mississippi courts have recognized that coaching decisions are largely discretionary because ‘coaches must know their players and be able to control their teams.’ Plaintiff also did not identify a legal requirement to “put into writing institutional procedures for routine mental health referrals.”
Messages left by Ole Miss and attorneys for the school and Kiffin were not returned.
Rollins, who is Black, claimed he was denied his 14th Amendment rights to equal protection. Ole Miss attorneys wrote that Kiffin as an individual could not be the target of such an allegation.
Attorneys for Ole Miss and Kiffin also contend that Rollins’ claim that Title IX rights were violated should be dismissed because Rollins “is not entitled to damages for reputational or emotional harm for his claims under Title VI, Title IX, and the.” Rehab law may require”.
The attorneys also wrote that Rollins’ negligence claim against Kiffin cannot be brought in federal court because of the Mississippi Tort Claims Act.