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Former UL head football coach Jerry Baldwin’s lawsuit against the university will go to court Oct. 9 with discrimination charges that had been thrown out last year.
The discrimination claims had been thrown out by a summary judgment in 2006 but were reinstated earlier this month by a decision of the Louisiana 1st Circuit Court of Appeal.
The appeals court found a summary judgment should not have been applied to Baldwin’s claims of discrimination because he met his burden of proof.
“A motion for summary judgment is a procedural device used to avoid a full-scale trial when there is no genuine issue of material fact,” the court wrote.
The appeals court found Baldwin met his burden of proof in establishing grounds for possible discrimination and that UL also “came forth with seemingly legitimate and nondiscriminatory reasons” for Baldwin’s termination.
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Marsha Sills
msills@theadvertiser.com
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“In this particular case we believe that issues of fact were abundant for each of the reasons given for Baldwin’s dismissal,” Bernard said. “The first circuit court of appeals agreed with us.”
Baldwin was fired from the university in 2001. Baldwin filed a federal lawsuit in 2002 claiming he was fired because he was black and, in 2003, filed another lawsuit in state court. The two suits later were consolidated. The lawsuit filed against UL, the UL System Board of Supervisors and then-Athletic Director Nelson Schexnayder claimed breach of contract, discrimination and emotional distress.
Robin L. Jones, UL’s attorney, said the defendants stand by the decision to fire Baldwin.
“We still don’t believe that his case has merit,” Jones said. “It’s still our position that he was terminated because he failed to produce a successful football program, not because of his race.”
The court date has been set for Oct. 9, but Jones said it probably will be continued because she has scheduling conflict.
Some of the reasons UL gave for Baldwin’s termination included three losing seasons under the coach’s watch and drops in game attendance which attributed to a “budget crisis.”
Baldwin claimed discrimination because he was treated differently than prior coaches and his replacement, Rickey Bustle. When Bustle was hired, the university offered him more resources — including a marketing director and fundraiser — to turn the program around, Baldwin charged.
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