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Judge will rule another day on motion to dismiss in Kinnan case

File: Joe Kinnan stretches while in a hearing at the Manatee County Judicial Center in January. Kinnan’s case was dismissed, but he filed an ammended complaint, and a new judge has been assigned to hear the case.
File: Joe Kinnan stretches while in a hearing at the Manatee County Judicial Center in January. Kinnan’s case was dismissed, but he filed an ammended complaint, and a new judge has been assigned to hear the case.

Following nearly three hours of arguments Tuesday, a judge has said he will make his decision in the Joe Kinnan case another day.

Senior Circuit Judge Lee Haworth is the newly assigned judge to the case between Kinnan, the former Manatee High School football coach, and the school district, former superintendent Rick Mills and former investigator for the school board Troy Pumphrey.

Two judges have previously recused themselves from the case.

Haworth heard from attorneys on the three motions, one filed by each defendant, asking he dismiss the lawsuit. Haworth reserved judgment on the matter Tuesday, instead taking time to review the motions. Haworth added he may call the attorneys back for further arguments. A potential date for possible future arguments or a decision has not been set.

Corey Friedman, who is representing Kinnan, and Erin Jackson, attorney for the school board, and Robert Robinson, who is representing Pumphrey and Mills, all argued case law pointing to whether Haworth should dismiss the counts in the lawsuit.

Haworth asked Tuesday for background information and asked several questions of the attorneys during the hearing, including clarification from district general counsel Mitch Teitelbaum on some procedures.

Arguments Tuesday centered around alleged breach of contract, sovereign immunity, publishing of confidential information too early, defamation, intentional infliction of emotional distress and whether the allegations included in the lawsuit state a cause of action.

Kinnan filed a suit against the School Board of Manatee County, Mills and Pumphrey in September 2016 requesting a jury trial and $15,000 for loss of consortium. He alleged Mills, Pumphrey and several former members of the school board targeted him and engaged in a smear campaign that destroyed his reputation. That initial suit was dismissed in January, and Kinnan filed an amended suit in March.

Sara Nealeigh: 941-745-7081, @saranealeigh

This story was originally published August 22, 2017 at 2:19 PM with the headline "Judge will rule another day on motion to dismiss in Kinnan case."

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