Judge: Ex-Black Bears won’t pay UM legal fees University motion against Gomes, Minor denied

BANGOR – Two former University of Maine athletes who sued officials for alleged civil rights violations do not have to pay the university’s legal fees in the case, a federal judge ruled Monday.

U.S. District Court Magi-strate Judge Margaret J. Kravchuk filed a recommended decision denying UMaine’s motion for an award of reasonable attorney’s fees.

The university had sought to recover slightly more than $48,000 of the approximately $57,500 charged by its Bangor attorneys to defend UMaine in the first civil suit filed by former football players Stefan Gomes and Paris Minor.

It was the latest legal scrimmage between the university and the former students that began last year when the two men were suspended for their involvement in an alleged off-campus assault against a female student. Gomes and Minor, who are both black, sued the university in 2002 for alleged race discrimination but withdrew that suit in February.

A second suit, filed last month, differs from the first in that it seeks punitive damages but does not allege a civil rights violation. The most recent complaint alleges UMaine’s Conduct Code Committee denied Gomes and Minor due process and conducted its investigation, hearing and appeal in bad faith while finding them responsible for violations of the UMaine Student Conduct Code.

Kravchuk’s ruling applies only to the original suit.

University attorneys had argued that their client was entitled to legal costs because they would have prevailed had the case gone forward. The judge disagreed and ruled that because Gomes and Minor moved to dismiss their lawsuit voluntarily, they do not have to pay the lion’s share of UMaine’s legal fees.

In her recommended decision, Kravchuk noted that the invoices submitted with the university’s motion included claim-related litigation services including a payment request for “roughly 13 hours of time spent on press-related issues, such as preparation for a media interview and drafting an editorial for submission to a regional newspaper.”

Attorneys for Gomes, Minor and UMaine could not be reached for comment Monday.

Kravchuk’s recommended decision may be appealed to a U.S. District Court judge within 10 days, otherwise it stands.