Appeals court upholds dismissal of Ole Miss football player’s mental health lawsuit

Update: 

• The 5th Circuit declined to revive a lawsuit filed against the University of Mississippi and its head football coach over claims they kicked a football player off the team after he took a mental health break.
• The court agreed with a lower court’s decision that the player, DeSanto Rollins, failed to carry his burden of proof. 
• The 5th Circuit also agreed with the lower court’s findings that the claims were barred by the 11th Amendment. 
• In the Ole Miss lawsuit, Rollins argued the university and its head football coach, Lane Kiffin, improperly handled his admission that he was having mental struggles and needed a break from the team.
• In response, Kiffi argued he told Rollins to “take as long as you want/need” and maintained he did not remove Rollins from the roster and that Rollins ignored invites to resume participating in team activities.

University of Mississippi lawsuit overview: 

• Who: University of Mississippi football player DeSanto Rollins filed a lawsuit against Ole Miss football coach Lane Kiffin, individually and in his role as head coach, along with the University of Mississippi and 10 unnamed John Does. 
• Why: Rollins claims that he voiced mental health issues that were not properly addressed by University of Mississippi football staff and he was instead punished for those issues.
• Where: The Rollins mental health lawsuit was filed in federal court in Mississippi.

(Sept. 21, 2023)

University of Mississippi football player DeSanto Rollins filed a lawsuit against Ole Miss football coach Lane Kiffin, individually and in his role as head coach, along with the University of Mississippi and 10 unnamed John Does for their role in improperly handling Rollins’ admission that he was having mental health issues and needed a break.

Rollins said the issues came after he sustained a concussion and multiple other injuries while playing football for the Rebels. Rollins said Kiffin kicked him off the team because he asked for a mental health break and was suffering from depression, anxiety and mental stress.

“Go, go, and guess what, we can kick you off the team, so go read your (expletive) rights about mental health, we can kick you off the team, for not showing up, when the head coach asks to meet with you and you don’t show up for weeks, OK, we can remove you from the team,” Kiffin said to Rollins, according to the lawsuit.

Mental health issues came after injuries, death of grandmother, University of Mississippi lawsuit says

Kiffin created a hostile environment when Rollins asked for a mental health break and he has never kicked a white player off the team for requesting a break, the lawsuit claims.

Instead, that white player was allowed to return. Rollins said his mental health issues came after a concussion, achilles’ injury, aggravated a previous lateral collateral ligament (LCL) tear in his knee and the death of grandmother.

There have been several other lawsuits involving sports this year, including claims involving wheelchair-accessible seating, trademark infringement, wage suppression and a failure to provide athletic scholarships. 

Have you spoken about a mental health issue that was ignored by your work? Let us know in the comments.

The plaintiff is represented by Carroll Rhodes of the Law Offices of Carroll Rhodes. 

The University of Mississippi mental health lawsuit is Rollins v. Kiffin, et al., Case No. 3:23-cv-00356-GHD-RP, in the U.S. District Court for the Northern District of Mississippi, Oxford Division.

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