A recent article appeared in the press:
HILLSBOROUGH
-- An Orange County judge on Wednesday declined to order UNC-Chapel Hill to
resume paying salary and benefits to physics professor Paul Frampton, who is in
an Argentinian prison on drug charges.
Superior
Court Judge Allen Baddour denied attorney Barry Nakell’s request for a
temporary restraining order that would have required the university to pay
Frampton his salary and benefits pending a hearing on a preliminary injunction.
Frampton,
the Louis D. Rubin Jr. Distinguished Professor of Physics and Astronomy at UNC,
was arrested Jan. 23 in the Buenos Aires airport after two kilograms of cocaine
were found in his checked luggage. He says he is innocent and is confident of
being exonerated in court.
University
officials informed Frampton in February that his salary and benefits would be
halted until he was able to resume his duties.
Nakell
argued that the university cannot legally do that.
“The
university has no legal basis to terminate Professor Frampton’s salary and
benefits,” Nakell said. “Even if the university took action to discharge or suspend
him, there are detailed procedures that have to be followed.”
Baddour
didn’t rule on that argument Wednesday.
He
denied Nakell’s motion because, he said, it failed to meet two of the
requirements necessary for a temporary restraining order.
First,
Baddour said, the complaint failed to demonstrate that Frampton had a
likelihood of success on the merits of an “underlying claim,” such as an
allegation of breach of contract or some other violation.
Frampton’s
complaint included no such underlying claim, and therefore, Baddour said, “the
court is unable to find that a likelihood of success on the merits is
possible.”
The
judge also said the complaint failed to demonstrate that Frampton would suffer
“irreparable harm” without a restraining order.
The
matter will almost certainly come before the court again. Nakell said he
intends to file an amended complaint.
Baddour believes that a person sitting in an Argentinian prison, fighting for his very life WITH HIS PAY NOW STOPPED isn't facing irreparable harm? Clearly he is biased for the university.
Watch how he finds a way to dismiss the amended complaint too! He has got to go. Show Baddour the Door!
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