2006.11.01
Wrestlers' lawsuit dismissed -- for now
After much consideration, Montgomery County Circuit Court Judge Robert Turk issued a decision yesterday upholding the Commonwealth's motion to dismiss the lawsuit brought against Virginia Tech by five wrestlers who sought immediate transfer waivers, plaintiffs attorney John J. Robertson wrote in an e-mail.
Turk's decision, Robertson wrote, was "based on the sovereign immunity defense. He added that both the contract and tort claims for monetary damages could proceed when the waiting period was up, and when the Commonwealth denied the claims. He dismissed our requests for injunctive relief and mandamus, as well as our claim for due process violations under the Virginia Constitution."
I have little idea what any of that means. I will find out.
UPDATE: Jim Borschel, the father of wrestler Jay Borschel, said he expects the parents will appeal the decision, even if the process will take too long for their sons to save their fourth season of eligibility. It's the principle of the thing, he said.
Click on the "wrestling" category on the right for more information.






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