Judge denies Donald May petition

Donald May filed Monday a defamation suit against a Texas Tech law student after a judge denied his petition for a pre-suit deposition.

May, who writes a conservative blog for Lubbockonline.com, seeks damages between $200,000 and $1 million against Kristen Vander-Plas, whom he accused of making false accusations of sexual harassment to get him banned from the Tech law school.

May's attorney Fernando Bustos said the lawsuit is the next best alternative to get justice for his client after a visiting judge denied his request for a pre-suit deposition.

"It's the only way that we can try to get justice for what's been done against him and get to the bottom of exactly what's she has told to Texas Tech and others that has led him to be banned from the Texas Tech law school campus," Bustos said.

Vander-Plas's attorney, Kevin Glasheen said he has not yet seen May's lawsuit but characterized it as groundless and will likely be dismissed.

May, who is a public figure, was the one who publicized the allegations by filing his initial petition, Glasheen said.

He said his client did not act maliciously when she spoke to Tech officials and he believes May's damages are negligible.

"There's so many problems with this lawsuit, I don't know where to start," he said. "It shows terrible judgement on his part and it's kind of sad."

In June, May filed a request in the 99th District Court to elicit testimony from Vander-Plas and Tech officials to find out exactly what she told them.

In an Aug. 12 hearing presided by visiting judge Ben Woodward, Glasheen argued May's petition was unnecessary since he could ask his client what she told the officials.

Attorneys for Tech filed a motion contesting the jurisdiction of May's petition.

Woodward denied Tech's plea to change the jurisdiction and denied May's petition.

Bustos said he was surprised by the judge's ruling.

"Although, it's perfectly legal for him to have made that ruling it's just seems kind of interesting how you'd reach that conclusion," he said.

May's lawsuit cites a news release Glasheen provided to media outlets - including A-J Media - accusing May of sexually assaulting Vander-Plas on at least two occasions.

"May denies all of Vander-Plas' allegations that he acted in a sexually inappropriate manner towards her, including specifically any allegations of sexual harassment or sexual assault," the petition states.

Glasheen said May will have to prove that his client's allegations were false.

According to the suit, May believes Vander-Plas' motive for slandering him stems from a 2012 dispute over who would be a delegate for the Republican National Convention.

May was elected as a delegate and Vander-Plas was selected as an alternate.

Bustos said his client, who has run for public office as a Republican Party member, has legitimate business at the law school which includes participating in debates and discussions and attending lectures.

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