Lawsuitbrown

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IN THE DISTRICT COURT IN AND FOR TULSA COUNTY
STATE OF OKLAHOMA

DAVID BROWN
Plaintiff

vs.

ORAL ROBERTS UNIVERSITY, an Oklahoma Corporation;
THE BOARD OF REGENTS OF ORAL ROBERTS UNIVERSITY;
ORAL ROBERTS MINISTRIES, and Oklahoma Corporation;
THE BOARD OF DIRECTORS OF ORAL ROBERTS MINISTRIES;
RICHARD ROBERTS, ORU President and ORM CEO;
LINDSAY ROBERTS, ORU Regent and ORM Director.
Defendants,

Case No. CJ 2007 07820
J. MICHAEL GASSETT (stamp)
ORIGINAL (stamp)

ATTORNEY LIEN CLAIMED
JURY TRIAL DEMANDED

I.
PETITION

PARTIES. JURISDICTION, AND VENUE

1) The Plaintiff is a student at Oral Roberts University in Tulsa, Oklahoma The Defendants - Oral Roberts University (ORU) and Oral Roberts Ministries (ORM) are Oklahoma Corporations. The Defendants - The Board of Regents of Oral Roberts University and The Board of Directors of Oral Roberts Ministries - are the governing bodies responsible for oversight of the Defendant Corporations. Richard Roberts is the President and CEO of ORU and is the CEO of ORM. Lindsay Roberts is an ORU Regent and an ORM Director. The Causes of Action arose in Tulsa, Oklahoma and this Court has jurisdiction over the Parties and subject master.

II.
FACTUAL ALLEGATIONS

2) Plaintiff is an ORU student who is currently completing his Junior year of college. However, during the Summer of 2007, ORU/ORM wrongfully terminated a tenured Professor, Dr. John Swails, the Chair of the History/Humanities/Government Department and the Major Professor for all History majors having a Middle East concentration at ORU. This Professor’s wrongful termination has prevented Plaintiff from completing his degree at ORU. For example, two of Plaintiff’s classes during the Fall Semester of 2007, which are required for Plaintiff’s major concentration, were taught by Dr. Swails. However, on August 28, 2007, Dr. Swails was wrongfully interrupted during class, escorted from his class, and summarily terminated. From that date until the present, Dr. Swails’ classes have been taught by a “guest lecturer” and another professor at ORU. neither of whom are academically qualified to teach the Middle East concentration of Plaintiff’s History major, Furthermore, upon inquiry, Plaintiffs Dean, Dr. Wendy Shirk, lied to Plaintiff concerning the alleged qualifications of these new guest lecturers in order to cover up and justify the Administration’s tortious decision to decimate the History Department. Plaintiff, therefore, cannot complete his degree at ORU, and will transfer to John Brown University in Siloam Springs, Arkansas for the Spring semester of 2008.

III.
CAUSES OF ACTION

FRAUD

3) Prior to and during the Plaintiff’s tenure at Oral Roberts University, the Defendants provided false and misleading material information to the Plaintiff, with the intention that it be acted upon by him. Furthermore, the Defendants knowingly failed to provide thorough and truthful information regarding the Defendants, ORU/ORM. The result of this deceit was that the Plaintiff was induced to enroll and complete the majority of his college hours at Oral Roberts University pursuant to false pretenses, misrepresentations and omissions. The Plaintiff justifiably relied upon this fraudulent information and misrepresentations to his detriment, and continues to suffer damages.

TORTIOUS INTERFERENCE WIT!] BUSINESS RELATIONSHIPS

4) The Defendants, in their official capacities, conspired and individually acted to interfere with the Plaintiffs business relationships. This interference was not undertaken in good faith or for a hens title organizational purpose, but was a malicious, improper and intentional plan to harm and damage the Plaintiff.

CIVIL CONSPIRACY

5) The Defendants conspired to commit the Torts complained of herein upon the Plaintiff during covert and unauthorized formal and informal meetings and conversations, in order to further insulate themselves from exposure, liability, or the consequences of their egregious conduct.

NEGLIGENCE

6) The ORU Board and the ORM Board have exhibited a consistent pattern of negligence regarding their fiduciary and oversight duties to authorize and supervise the conduct of the other Defendants, a duty which they miserably breached. In fact, their lack of participation is apparently a function of their own fiscal improprieties, which are now the subject of an investigation by the United States Senate.

REQUEST FOR RELIEF

7) Plaintiff seeks actual damages in excess of $10,000, punitive damages in excess of $10,000, attorney’s fees, court costs, prejudgement interest and any further relief that the court deems just and equitable.

Respectfully Submitted,

RICHARDSON LAW FIRM. P.C.

Gary L Richardson, OBA# 7547
Paul T. Boudreaux, OBA# 990
6450 South Lewis Avenue, Suite 300
Tulsa, Oklahoma 74136
(918)492-7674 /(918)493-1925 fax
(Attorneys for Plaintiffs)

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