The University of Michigan wants a local judge to toss a lawsuit filed by the former employee at the center of the Sherrone Moore scandal, arguing it's filed in the wrong court.
Lawyers representing the university say Paige Shiver, Moore's former executive assistant with whom the ex-football coach had a longstanding affair, should have filed her lawsuit in the Michigan Court of Claims instead of a Washtenaw County court. The university's lawyers submitted the filing Wednesday, Aug. 12.
Shiver filed a lawsuit in July, arguing the university is knowingly violating the state's Freedom of Information Act by refusing to disclose records compiled through the course of investigating the Moore situation.
But Michigan law requires anyone suing the university
regarding public records to file in the court of claims, a venue frequently reserved for lawsuit against the state, reads the legal filing from lawyers with Miller, Canfield, Paddock and Stone, a private Detroit-based firm representing the university.
"The statute is clear and unambiguous: a requestor may '[c]ommence a civil action in the circuit court, or if the decision of a state public body is at issue, the court of claims,'" the lawsuit states.
"The clause set off by commas makes clear the legislature’s intent that all FOIA claims against state public bodies must be brought in the Court of Claims."
The university's response largely skirted the arguments Shiver's legal team made in their own filings as to why the requested records should be public. A university spokesman declined to comment. Brian M. Schwartz, a lawyer with Miller Canfield representing the university, also declined to comment.
Andrew M. Stroth, a Chicago-based lawyer representing Shiver, told the Free Press they are weighing their options in response to the university's filing.
The FOIA lawsuit could be an indicator of future legal action from Shiver and her team, who have repeatedly called for more accountability from the university in the wake of the scandal.
Late last year, the university fired Moore, stating in part he lied about having a yearslong affair with Shiver. Law enforcement records indicate the same day, Moore went to Shiver's apartment. The subsequent interaction prompted a felony and two misdemeanor charges against Moore.
Moore ultimately pleaded no contest to lesser charges and was sentenced to probation.
Amid the scandal, university leaders announced a private law firm would investigation the circumstances prompting Moore's ouster and the athletic department culture more broadly. Earlier this summer, the university released what it described as its own summary of the findings after paying the firm roughly $12 million.
The school suggested the firm did not find systemic issues but vowed to make sweeping, foundational policy changes.
The university also announced longtime athletic director Warde Manuel would leave his post at the end of the year.
University of Michigan's first football game this season is set for Sept. 5.
Dave Boucher is an investigative reporter with the Detroit Free Press. Contact him at dboucher@freepress.com.
This article originally appeared on Detroit Free Press: U-M asks judge to toss records lawsuit filed by ex-Sherrone Moore aide
