PHOENIX — Former state Rep. Don Shooter has hired new legal help in his claim he was wrongfully ousted from the House for sexual harassment, a firm that has built a reputation on defending civil rights of college students accused of sexual misconduct.
A press statement by the law firm says Miltenberg and Bernstein “specialize in due process violations by universities and other organizations throughout the country.” It also says they are currently representing students and faculty at several institutions including Columbia University, Princeton University and University of Southern California.
Shooter said he was quite aware of their client list. “It’s why I hired them,” he said. “I hired them because they defend people whose rights have been trampled on.”
Shooter said he is not concerned about going to court with attorneys who have made a name for themselves by representing male students accused of assaulting and harassing women on campuses.
“Maybe every guy that was accused by some girl was guilty,” Shooter said. “I don’t know. But don’t you think you ought to give them a chance to state their case?”
Nine women, including lawmakers, lobbyists and others, publicly accused Shooter, a Yuma Republican, of sexual harassment before the House voted 56-3 to expel him in early 2018.
With his new legal help, Shooter is asking the 9th Circuit Court of Appeals to give him a chance to prove that his civil rights were violated when he was ousted.
Attorney Stuart Bernstein said he hopes to prove that a federal judge got it wrong when he threw out Shooter’s claims. Bernstein said there is legal precedent to show that the process used by the House to expel Shooter was legally insufficient.
Bernstein acknowledged that U.S. District Court Judge Dominic Lanza, in dismissing Shooter’s lawsuit earlier this year, said there is no clear settled law that legislators have a right to ask a federal court to intercede in matters involving their removal.
But Bernstein said his law firm has won a number of cases in federal appellate court overturning decisions where trial judges said individuals cannot pursue civil rights claims.
Those most notably include male students who have been kicked out of universities after facing charges of sexual assault. Bernstein said the issues there, and here, deal with the due process rights of the accused.
