DETROIT (AP) - A federal judge has dismissed parts of a lawsuit against CentralMichigan University and its women's basketball coach, who isaccused of dropping a scholarship partly because a player isn't alesbian.
U.S. District Judge Thomas Ludington did not rule on the meritsof Brooke Heike's claims but said CMU, coach Sue Guevara and otherofficials have immunity from such legal claims in their officialcapacity.
Heike lost her scholarship and left the team after the 2007-08season. CMU says it was because of her attitude and anunwillingness to work hard -- not discrimination tied to race,gender or sexual orientation.
Heike, who averaged less than a point a game, has "made numerousunfounded and salacious allegations" to divert attention from"rather mundane facts," CMU's lawyers said in a court filing.
Heike's lawyer, Cindy Rhodes Victor, said Friday she'll try toget around the immunity issue by filing a second lawsuit againstCMU in state court. She said she still can pursue Guevara andathletic director David Heeke in their personal capacities infederal court.
"Does it slow us down? I don't see that it does," Victor said ofthe judge's ruling. "It just makes for two different lawsuits."
Messages seeking comment with attorneys for the university,Guevara and Heeke were not immediately returned.
In a lawsuit filed in February, Heike said Guevara told her shewore too much makeup and was not the coach's "type." Heike claimsthat meant she wasn't a lesbian.
Heike, a prep star at Romeo High School, played in 11 games as afreshman but only six when Guevara arrived for her sophomoreseason.
An appeals panel upheld the decision to revoke the scholarshipafter taking testimony from Heike and the coach.
"I didn't feel that she did anything to improve herself afterbeing told over and over what she needed to do," Guevara told thecommittee in June 2008.
Heike remains a student at the school, Victor said.
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