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McGovern and Long prevail on Motion to Dismiss Suit by UGA Baseball Player Dismissed for Racial Slur

Annarita McGovern and Terry Long prevailed on their Motion to Dismiss a complaint against their client, a member of the BOR, by a former UGA baseball player, Adam Sasser, who sued over his suspension and dismissal from the team after shouting a racial slur during a Georgia foootball game. Sasser alleged violations of First Amendment rights, substantive and procedural due process, equal protection and breach of contract. Judge Grimburg granted all defendants’ motions to dismiss in the case on grounds of Eleventh Amendment immunity, qualified immunity, and other grounds. The Judge denied that Sasser had a legitimate First Amendment issue in using such speech, stating “Sasser’s intentions aside, he used a racially offensive term to describe a fellow student and did so in front of other students at a school-sponsored, on campus event,” therefore, “defendants were well within their authority as educators to discipline Sasser for this speech.”

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