By Patsy R. Brumfield/NEMS Daily Journal
TUPELO – Former state Rep. Jamie Franks of Mooreville may pursue his alienation of affections lawsuit against the Lee County School Board.
No trial date is set yet.
Recently, Circuit Judge Henry Lackey agreed that Franks is entitled to seek evidence and present facts to a court about his allegations.
Franks sued Mike Scott, then the Lee County superintendent of education, for an extramarital affair Scott admitted with Franks’ then-wife, Lisa, a school district employee.
He also sued the school board, saying it created conditions for the affair to continue and approved spending in its furtherance.
Lackey heard testimony Dec. 22 in support of and against the district’s motion to dismiss Jamie Franks’ claims against the district.
“The court must confess that it is difficult for it to think of any set of facts that could possibly render the Board of Education liable for having committed the tort of alienation of affections,” Lackey wrote in his order dismissing the motion.
“However, the court is aware,” he wrote, “there must appear to be a certainty” that Franks “is entitled to no relief under any set of facts that could be proved in support” of his claims.
Franks is entitled to secure documents, other evidence and sworn statements, and present facts he believes support his case, Lackey added.
Franks is chairman of the state Democratic Executive Committee and a Tupelo attorney.
In an earlier legal action, Scott claims Franks sent Lee County Democrats chairman Eric Hampton to demand he resign or be removed by the party.
Scott also sued Hampton.