Most of Joe Kinnan's Lawsuit Dismissed After Circuit Court Hearing

BRADENTON – This week, 12th Judicial Circuit Court Judge Lee Haworth dismissed most of a lawsuit filed by former Manatee High School football coach Joe Kinnan against the Manatee County School Board, former superintendent Rick Mills and former internal investigator Troy Pumphrey.

On Tuesday, Haworth issued a ruling that dismissed all charges against the school board except one count for negligence, for which Kinnan claimed the board failed to properly vet, train and supervise Pumphrey, as well as negligently supervising and retaining Mills. All of Kinnan’s claims against Mills and Pumphrey were dismissed with the exception of one count of interference with contractual relationship against each.

Kinnan's complaint claims that he was targeted by the school board, Mills and Pumphrey in unwarranted investigations into potential involvement in the Roderick Frazier sexual abuse and baseball team booster scandals at Manatee High, where he worked as head football coach and athletic director before retiring.

"The decision in this matter was a tremendous result in favor of the School Board of Manatee County," said school district attorney Mitchell Teitelbaum, via email. "The majority of Kinnans’ Case against the school board was dismissed with prejudice and cannot be plead again, absent a viable appeal. The district will continue to aggressively defend this matter."

Summary of Decision in School Board's Motions to Dismiss:

Count VI: Breach of Third Party Contract: Granted with Prejudice

• The law requires him to follow the grievance procedure. J. Kinnan failed to do so. The claim is forever barred.

Count VII: Intentional Infliction of Emotional Distress: Granted with Prejudice

• For this claim to survive, the underlying conduct must be "outrageous.“ J. Kinnan failed to show that the alleged actions were "outrageous.“ This claim is barred.

Count VIII: Declaratory Judgment: Granted with Prejudice

• J. Kinnan seeks attorney fees for defending himself against allegedly false reports contained in the Administrative Complaint. J. Kinnan relies on Art. XII of the CBA, regarding indemnification.

• When a collective bargaining agreement spells out a detailed grievance procedure, the Party must pursue that procedure. J. Kinnan failed to do so. The claim is barred.

As to Linda Kinnan:

• Count XVI: Loss of Consortium: Granted with Prejudice

In Regards to the Other Counts:

• Count II: Invasion of Privacy: Granted without Prejudice

• Count III: Defamation by Implication: Granted without Prejudice

• Count IV: Defamation: Granted without Prejudice

• Count V: Abuse of Process: Granted without Prejudice