Judge Denies Motion; Fraternity Lawsuit Trial Now Set for Sept.6

Iowa City Press-Citizen
June 23, 20066
By Mike McWilliams
Iowa City Press-Citizen

A lawsuit filed by a University of Iowa fraternity seeking nearly $500,000 from UI and one of its officials, still is set for trial in September after a judge denied a motion to toss the case earlier this week.

Phi Delta Theta, 729 N. Dubuque St., sued the university and UI vice president for student services Phillip E. Jones alleging a tape recording used in a hazing and alcohol violation investigation was illegally obtained and should not have been used.

Claims against other UI officials involved in the investigation have since been dropped.

UI lawyers sought a summary judgment dismissing Phi Delta Theta's claims contending, partly, that the defendants acted in a quasi-judicial capacity and are immune from legal action.

Johnson County District Judge Denver Dillard disagreed stating that UI did not meet elements required for immunity.

"The doctrine of judicial immunity or quasi judicial immunity is not a broad and liberally applied concept," Dillard wrote.

UI revoked Phi Delta Theta's charter from 2002 to 2004. However, because the fraternity was kept off campus, was not allowed to participate in rush week and approach new members, it suffered substantially, fraternity lawyer John Maher of Cedar Rapids said.

"They were damaged so badly by it they had to close their doors for the time being," Maher said

The fraternity filed a claim with the state in July 2004 seeking more than $480,000 from UI.

Assistant Iowa Attorney General George Carroll, who is representing UI and Jones, was out of the office Thursday afternoon and unavailable for comment.

UI revoked Phi Delta Theta's recognition after investigating a former fraternity member's complaint that he and other new members were forced to drink fifths of various hard liquors in a 20-minute stretch during August and September 2001. The fraternity pleaded guilty to an alcohol charge but disputed its members engaged in hazing. UI later dropped the claim and the fraternity regained its status.

The lawsuit is set for trial Sept. 6 in Johnson County District Court.