Settlement offer doesn’t stop suit
February 8, 2011 by BRIANA GERDEMAN
Filed under News http://www.redandblack.com/2011/02/08/settlement-offer-doesn%E2%80%99t-stop-suit/
A lawsuit involving toxic sludge research conducted by University employees will continue, despite an offer to
settle the case by paying for $60,000 in court costs, according to an e-mail obtained by The Red & Black.
Lewis
David Lewis, a former University employee, has challenged data that University researchers and
Environmental Protection Agency employees found when analyzing the toxic effects of treated sewage sludge.
Lewis and two others are plaintiffs in a lawsuit that alleges the data found by University and EPA researchers
was fabricated and used to obtain $12,274 in grant money.
The case was dismissed in September because information used in Lewis’ argument was obtained by open
records.
In January, plaintiffs declined the defendants’ offer to pay for court costs if the case was dropped, Lewis said.
“The defendants are well-aware that the plaintiffs have exhausted all of their financial resources,” Lewis said.
“But there’s just no way on Earth I’m going to agree not to talk about what UGA and EPA did when they
published the fake data.”
The lawsuit may be affected by a similar case, which will be heard by the Supreme Court on March 1. The
case deals with documents available under the Freedom of Information Act. Lewis said it could help his case if
the Supreme Court clarifies open records position.
In the next few weeks, Lewis said he expects the 11th Circuit Court of Appeals to decide whether to hear oral
arguments in the case.
“If they decide not to hear oral arguments before the Supreme Court ruling, then our case is over,” Lewis said.
“The clock is ticking.”
Tom Jackson, vice president of public affairs, declined to comment on the ongoing litigation.