Student and Professor Have Conflicting Lawsuits
There are two completely different sides to the lawsuits filed by Lisa Mims, 24 years old, and former Professor J.D. Oliver, 76 years old. Prairie View A&M University fired Professor Oliver in July 2014 after allegations that he had sexually assaulted Mims. Oliver began the process of suing Prairie View A&M University on June 16, 2015.
Former Professor J.D. Oliver's side:
An update on Oliver's side of the story came out on June 18, 2015. His lawsuit against Mims' he refers to himself as a "feeble man who suffers from Parkinson's disease, heart disease, diabetes, and erectile dysfunction and has no sexual desires and function to commit the sexual conduct as alleged. Oliver says he went to IHop for breakfast, where he was planning on catching up on grading tests. Then he took medication that made him drowsy, so he checked into a hotel until the drugs wore off. He received a call from Mims saying that she wanted to return a textbook he had given her to help her get her grade up. Oliver said that Mims showed up at the hotel with three men and that they had different motives. He claims that one man pushed him on the floor, picked him up, and put his hands behind his back. As that was happening, another man yelled at him asked for $9,000. Then one man stole Oliver's credit cards, driver's license, the cash in his wallet, and cell phone. Then the men began to take pictures of the professor with a box of condoms.
When the group left, Oliver went to the front desk to report the robbery. After he pressed charges, he claims that Mims sent him an email "threatening to ruin his marriage, his job and his reputation, if you do not do what you need to do," and that she left several notes at his house.
Mims told the school investigator that Oliver said he would give her an A if she agreed to have sex with him. Oliver said that the school investigator's inquiry was biased because he did not receive a face to face interview, while Mims was given that opportunity. He claims that the interviews were only done by telephone, and at times when he was heavily medicated.
Mims and Jackson were charged with two felony counts of theft and robbery, but the charges were dropped in September 2014.
In his lawsuit, he is seeking punitive damages for civil rights violations, breach of contract and defamation.
Student Lisa Mims' side:
Mims said that in the fall of 2013 she was failing Oliver's class, and that he agreed to work with her to help her get her grade up. She met with him in his office several times starting November 5, 2013 and he let her borrow a textbook. After a couple of sessions, Mims claims that Oliver revealed hidden motives for, and that he wanted sex in return for helping her out. She said that a meeting became physical on November 19, 2013 and that he offered his proposition again. She refused, and he grabbed her chest as she tried to leave. After that happened, her boyfriend told her to start recording her conversations with Oliver.
She said that she went to hotel with her boyfriend, Jackson, and a couple other of her guy friends to confront Oliver. Her boyfriend and her say that Oliver asked what he could do to make this go away, then they grabbed a box of condoms and made Oliver take a photograph with them. They said that they left without any other harm, and that Oliver went to the front desk to report a robbery. Mims claims that Oliver lied about them robbing him.
Mims is seeking punitive damages from Oliver for civil rights violations, official oppression, unlawful restraint, assault, defamation, and malicious prosecution
Comments from Allen: In criminal cases, I often have the task of judging, based on reason, which version of the truth is The Truth. One test I use is to ask, "Who acts the way this person acts, and has good motives?" I am troubled by both versions.
Who checks into a hotel in his home town after having breakfast at IHop? Even if he felt a bit drowsy, this professor was married and could have called any number of people, or even a cab, to give him a ride. Presumably a cab ride home would be cheaper than spending the night in a hotel. I have trouble believing what the professor says he was doing in that hotel room. It sounds more like he was waiting for someone.
As to Mims, this conduct sounds like what someone does when trying to blackmail someone. It sounds like she set up the meeting in the hotel room and had three intimidating men with her to get embarrassing photos of the professor. It does not sound like she had a good faith motive for doing what she did. Usually, this type of conduct is associated with strong-arm robbery. I have been involved in numerous cases in which a victim decides to get incriminating evidence on the person victimizing him or her. The victim does this by engaging the perpetrator in conversation on the phone and getting the perp to admit his crime, and usually tries to get the perp to explain his conduct or even to apologize.
As to the professor's action against the school: He probably has a contract of employment with Prairie View; if so, the school cannot fire him without following the procedures in its employee handbook. Usually, this involves notice of specific charges and a fair hearing before termination. If he was not afforded all of his rights to be heard before termination, he can win his suit against the university for breach of contract. He probably won't get punitive damages unless he can show some kind of actual malice in his termination. In order to prove defamation, he will have to prove the university made some kind of false statement concerning his character or conduct that was extremely derogatory concerning his ability to teach at the university. Any accusation of sexual misconduct toward a student, if untrue, would fit that definition.
As to Mims' action against the professor: It appears she is claiming the professor used his official position to falsely charge her with a crime to cover-up his own sexual misconduct toward her. "Malicious prosecution" would relate to his initiation of criminal charges against her, which were dropped. Just because a prosecution is dropped does not mean it was not well-founded; it means only the prosecutor determined the prosecution was not worth his time. Mims will have to convince a jury that there was no basis for bringing the criminal charge.
From what we know about these actions at this time, it appears the professor's contract suit against the university has a greater chance of success than Mims' suit against the professor.
Sources for more information:
http://abc13.com/news/lawsuit-pvamu-teacher-offered-sex-for-better-grade/571319/
http://www.campusreform.org/?ID=6419
http://www.courthousenews.com/2015/06/18/professor-student-in-dueling-lawsuits.htm
http://www.courthousenews.com/2015/03/13/student-calls-professor-way-out-of-line.htm
http://www.chron.com/news/houston-texas/houston/article/Student-accuses-Prairie-View-prof-of-attempted-rap-6136935.php
Former Professor J.D. Oliver's side:
An update on Oliver's side of the story came out on June 18, 2015. His lawsuit against Mims' he refers to himself as a "feeble man who suffers from Parkinson's disease, heart disease, diabetes, and erectile dysfunction and has no sexual desires and function to commit the sexual conduct as alleged. Oliver says he went to IHop for breakfast, where he was planning on catching up on grading tests. Then he took medication that made him drowsy, so he checked into a hotel until the drugs wore off. He received a call from Mims saying that she wanted to return a textbook he had given her to help her get her grade up. Oliver said that Mims showed up at the hotel with three men and that they had different motives. He claims that one man pushed him on the floor, picked him up, and put his hands behind his back. As that was happening, another man yelled at him asked for $9,000. Then one man stole Oliver's credit cards, driver's license, the cash in his wallet, and cell phone. Then the men began to take pictures of the professor with a box of condoms.
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| Lisa Mims Photo Souce: ABC1 |
Mims told the school investigator that Oliver said he would give her an A if she agreed to have sex with him. Oliver said that the school investigator's inquiry was biased because he did not receive a face to face interview, while Mims was given that opportunity. He claims that the interviews were only done by telephone, and at times when he was heavily medicated.
Mims and Jackson were charged with two felony counts of theft and robbery, but the charges were dropped in September 2014.
In his lawsuit, he is seeking punitive damages for civil rights violations, breach of contract and defamation.
Student Lisa Mims' side:
Mims said that in the fall of 2013 she was failing Oliver's class, and that he agreed to work with her to help her get her grade up. She met with him in his office several times starting November 5, 2013 and he let her borrow a textbook. After a couple of sessions, Mims claims that Oliver revealed hidden motives for, and that he wanted sex in return for helping her out. She said that a meeting became physical on November 19, 2013 and that he offered his proposition again. She refused, and he grabbed her chest as she tried to leave. After that happened, her boyfriend told her to start recording her conversations with Oliver.
She said that she went to hotel with her boyfriend, Jackson, and a couple other of her guy friends to confront Oliver. Her boyfriend and her say that Oliver asked what he could do to make this go away, then they grabbed a box of condoms and made Oliver take a photograph with them. They said that they left without any other harm, and that Oliver went to the front desk to report a robbery. Mims claims that Oliver lied about them robbing him.
Mims is seeking punitive damages from Oliver for civil rights violations, official oppression, unlawful restraint, assault, defamation, and malicious prosecution
Comments from Allen: In criminal cases, I often have the task of judging, based on reason, which version of the truth is The Truth. One test I use is to ask, "Who acts the way this person acts, and has good motives?" I am troubled by both versions.
Who checks into a hotel in his home town after having breakfast at IHop? Even if he felt a bit drowsy, this professor was married and could have called any number of people, or even a cab, to give him a ride. Presumably a cab ride home would be cheaper than spending the night in a hotel. I have trouble believing what the professor says he was doing in that hotel room. It sounds more like he was waiting for someone.
As to Mims, this conduct sounds like what someone does when trying to blackmail someone. It sounds like she set up the meeting in the hotel room and had three intimidating men with her to get embarrassing photos of the professor. It does not sound like she had a good faith motive for doing what she did. Usually, this type of conduct is associated with strong-arm robbery. I have been involved in numerous cases in which a victim decides to get incriminating evidence on the person victimizing him or her. The victim does this by engaging the perpetrator in conversation on the phone and getting the perp to admit his crime, and usually tries to get the perp to explain his conduct or even to apologize.
As to the professor's action against the school: He probably has a contract of employment with Prairie View; if so, the school cannot fire him without following the procedures in its employee handbook. Usually, this involves notice of specific charges and a fair hearing before termination. If he was not afforded all of his rights to be heard before termination, he can win his suit against the university for breach of contract. He probably won't get punitive damages unless he can show some kind of actual malice in his termination. In order to prove defamation, he will have to prove the university made some kind of false statement concerning his character or conduct that was extremely derogatory concerning his ability to teach at the university. Any accusation of sexual misconduct toward a student, if untrue, would fit that definition.
As to Mims' action against the professor: It appears she is claiming the professor used his official position to falsely charge her with a crime to cover-up his own sexual misconduct toward her. "Malicious prosecution" would relate to his initiation of criminal charges against her, which were dropped. Just because a prosecution is dropped does not mean it was not well-founded; it means only the prosecutor determined the prosecution was not worth his time. Mims will have to convince a jury that there was no basis for bringing the criminal charge.
From what we know about these actions at this time, it appears the professor's contract suit against the university has a greater chance of success than Mims' suit against the professor.
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Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen work with cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.
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Allen Browning can help with all personal injury claims including motor vehicle accidents, serious and disabling accidents, and wrongful death claims. Allen Browning is an attorney who can also help with drunk driving (DUI) , Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.
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Sources for more information:http://abc13.com/news/lawsuit-pvamu-teacher-offered-sex-for-better-grade/571319/
http://www.campusreform.org/?ID=6419
http://www.courthousenews.com/2015/06/18/professor-student-in-dueling-lawsuits.htm
http://www.courthousenews.com/2015/03/13/student-calls-professor-way-out-of-line.htm
http://www.chron.com/news/houston-texas/houston/article/Student-accuses-Prairie-View-prof-of-attempted-rap-6136935.php
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