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University Dallv Kansan, January 13, 1983
Justices may refuse to air gridder's case
By United Press International
WASHINGTON — A college football player's attempt to sue former Arizona State University coach Frank Kush, who now coaches the Baltimore Colts, ran into difficulties before the Supreme Court yesterday.
The justices raised the possibility that they might not rule on the lawsuit filed by the player, Kevin Rutledge, who would never get his day in federal court.
Rutledge claims he was scorned, ridiculed and abused by Kush, two assistant coaches and Arizona State's former athletic director after the coach became dissatisfied with Rutledge during the 1972 football season.
THE HIGH court entered the case to decide whether a white male college football player can use a civil rights law to sue for damages, without any proof that he was discriminated against because of racial or sexual bias.
The particular civil rights law prohibits threats against witnesses in federal court cases. It was enacted in the 1870s to guard against Ku Klux Klan threats in cases seeking rights for newly emancipated slaves.
Attorney Robert Ong Hing argued before the court that the law applied in Rutledge's case because Kush and his associates allegedly intimidated team
members to prevent them from giving depositions about Kush's confrontation with Rutledge.
will rathegee.
He also maintained Rutledge did not need to show any racial bias to use the law.
"There were meetings held with players in which the coaches announced 'there's nothing to all of this, so just ignore it,' "Hing said. "And at the training table, players were called in and asked to sign a card about what they had seen in Seattle," site of an alleered punching incident.
BUT DEFENSE attorney Michael Gallager told the justices that all those allegations already had been aired and dismissed in a state court trial and that Rutledge now should not be permitted to have a federal court trial, especially on the issue of whether Kush and the coaches violated the more than 100-year-old witnesses civil rights law.
Rutledge, who gave up his football scholarship at Arizona State in 1979 and transferred to the University of Nevada at Las Vegas without a scholarship, is seeking a federal court trial on his allegations.
Construction on Haworth starts Feb. 1
HOWEVER, THERE is a chance the federal court will dismiss Rutledge's case regardless of what the Supreme Court does because of his failure to win on many of the same issues in state court.
Construction of the Haworth Hill addition will begin around Feb. 1, depending on the weather. Jim will be out with facilities planning, said yesterday.
The eight-story addition, scheduled for completion in 1985, will be built on the west side of Haworth Hall and have an area of 100,000 square feet. The addition will house biological science classrooms, research labs and faculty offices, which are now in Snow Hall.
Brower Burchill, professor of cell biology and chairman of the Haworth Addition Facilities Advisory Committee, said the department of biological sciences had needed new facilities for some time.
Snow Hall, built in 1929, is suitable for most classrooms but lacks the facilities for modern research, Burchill said.
Anatomy classes and the Museum of Entomology will remain in Snow Hall.
Members of the Kansas Legislature toured Snow Hall before appropriating $13.8 million for the addition
R. D. Andersen Construction Co. of Topeka was awarded the contract for the addition in December with its bid of $1,076,472.
By United Press International
WARSAW, Poland — Polish authorities yesterday ordered the expulsion of United Press International correspondent Ruth E. Gruber and accused her of collecting intelligence material, the official PAP news agency said.
Poland detains, ousts reporter
Gruber, 33, an American, learned of the order through the PAP report about two hours after she was released from a Warsaw police station. She had been questioned about a package of film and entered in a jail cell for nearly 24 hours.
She was instructed to meet with the Foreign Ministry this morning.
THE ORDER came less than a week after the expulsion of British Broadcasting Corp. correspondent Kevin Ruane.
Gruber was held incommunicado and interrogated by police who told her a package addressed to her at UPI had been included in film of military installations.
"The collecting of materials which have an intelligence character makes a clear violation of the rules which are the privilege of foreign press agency correspondents accredited in Poland," PAP said.
The news agency report said that although the package had an "espionage character," prosecutors decided against bringing charges against
Gruber after determining she had no criminal intentions.
"This is just the latest stage in an escalating campaign against the Western media," the UPI reporter said in response to the PAP report.
THERE WAS no immediate word on when Gruber's expulsion order would take effect.
H. L. Stevenson, UPI editor in chief, said from New York, "We are greatly relieved that Gruber has been freed."
Gruber, a native of Philadelphia, was summoned to the police station Tuesday night after UPI staff members inquired into the whereabouts of a secretary who failed to return from a trip to a Warsaw train station.
The secretary, Anna Olszewska, 36 went to the train station Tuesday morning after receiving a telephone call saying a package of film for UPI would be arriving from Gdansk on a certain train.
"We, like other new organizations, routinely send and receive film and video," Ms. Hirsch said.
because the mail is too slow." Gruber said.
THE PAP statement, featured in a film segment on the television news, said Olszewska was handed a package by a conductor from the train.
"There were two films in the package featuring data concerning the problems of the defense of People's Poland," it said.
The only official government explanation of the incident was the comment of a Foreign Ministry official that the attack was an account of activities against Polish law.
Gruber said that she was held in a two-person cell, 12 feet by 6 feet, and that she asked several times during her detention for permission to contact the U.S. Embassy and a lawyer, but was not allowed to do so.
IN WASHINGTON, State Department spokesman Alan Romberg said department officials were pleased by her release.
Gruber said her police interrogators as well as the guards were polite and pleasant.
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