Judge Dismisses Kinnan Case

BRADENTON – A judge has dismissed a defamation lawsuit filed by former Manatee High School coach Joe Kinnan and his wife, Linda Kinnan, against the school board, former Superintendent Rick Mills and former district investigator Troy Pumprhey.

 

The ruling issued on Thursday by 12th Circuit Judge Brian Iten concludes that the defendants in eight of the lawsuits' nine individual complaints–which include Mills and former district investigator Pumphrey– "are all immunized from liability" from the claims made within the complaints.

 

The lawsuit stems from an investigation by Pumphrey that concluded former MHS baseball coach Dwayne

Armstrong coerced student athletes into paying for a baseball training program while also using booster club money to fund it. Pumphrey also found that Strong was coaching without required state certification, and that email correspondence revealed that Kinnan was aware of the certification issue, but allowed Strong to stay at his coaching position.

 

Mills, who was hired as superintendent in 2013 after Tim McGonegal’s resignation, recommended that Coach Kinnan be suspended for ten days for his role in the Strong incident. Mills dismissed the recommendation after Kinnan retired upon returning from sick leave.

 

All of the lawsuit's claims were dismissed without prejudice; among the claims was that Pumphrey and Mills acted both with malice, and outside the scope of their authority in investigating Kinnan's connection to MHS Dwayne Armstrong and his certification.

 

While all parts of the lawsuit were dismissed by Judge Iten, the ruling allows the plaintiffs 30 days to file an amended complaint with the court.

 

In a statement given on Thursday, staff attorney Mitch Teitelbaum said, "The District is in receipt of the dismissal order and will continue to vigorously defend this matter."