Pima Community College spent more than $300,000 fighting allegations that it failed to protect the rights of an English-speaking student. Now the school wants the student to pay its legal bill.
Attorneys for PCC are seeking costs and fees from Terri Bennett, the former nursing student who claimed she was wrongly suspended for complaining when fellow students spoke Spanish in class.
A jury rejected all of Bennett’s legal claims in a unanimous verdict last month.
PCC’s attorneys filed an application Friday in Pima County Superior Court to force Bennett to cover the college’s $311,000 legal bill.
Andrew Barbour, one of Bennett’s Tucson attorneys, said she intends to fight the request. He also said Bennett’s legal team is considering an appeal.
In the application for costs and attorney fees, PCC said Bennett’s lawsuit was a “targeted attack” that took a heavy financial toll on the college but didn’t cost her anything. Her legal fees were covered by a nonprofit group that supports the rights of English-speakers.
Forcing Bennett to pay PCC’s costs would send a warning to those who launch “meritless” lawsuits to make a political statement, the college’s attorneys said.
Evidence at trial showed Bennett, 52, was suspended because she was hostile to fellow students who spoke Spanish among themselves in class. She called them “spics, beaners and illegals,” and intimidated students and staff, witnesses said.
The jury found Bennett’s constitutional right to use English in class was not infringed upon.
There was no evidence that anyone spoke Spanish to her, and all teaching, exams and materials were in English.
Barbour said he believes there are grounds to appeal the jury verdict. He said the judge made legal errors by allowing evidence that favored PCC and excluding evidence that favored Bennett.
