
                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: SUNDAY, May 8, 1994                   TAG: 9405080071
SECTION: NATL/INTL                    PAGE: A-7   EDITION: METRO 
SOURCE: RICHARD CARELLI ASSOCIATED PRESS
DATELINE: WASHINGTON                                LENGTH: Medium

SUIT MAY NOT BE A FEDERAL CASE

President Clinton's first line of defense against a lawsuit accusing him of having violated a woman's civil rights by sexually harassing her may be to argue that she can't make a federal case of it.

Paula Corbin Jones, a former Arkansas state employee, sued Clinton in federal court in Little Rock on Friday, alleging that he made an unwanted sexual advance while he was governor in 1991.

The lawsuit seeks $700,000 in damages on four counts: deprivation of civil rights, conspiracy to deprive Jones of her civil rights; intentional infliction of emotional distress; and defamation.

Most job-related sexual harassment cases are filed under a federal law known as Title VII of the Civil Rights Act of 1964, but Jones missed the 180-day deadline for suing under that law.

She apparently also missed the relevant deadlines for suing under Arkansas law.

"It seems odd to have her allegations wrapped in a civil-rights package," said Neal Devins, a William and Mary University law professor. "I assume her lawyers have done adequate research to avoid the lawsuit being dismissed out of hand."

Clinton's lawyer, Robert Bennett, told reporters he would be "filing appropriate motions."

One such motion might urge the trial judge assigned to the case to dismiss it for the failure to state a federal cause of action or, similarly, for the lack of federal jurisdiction.

Bennett also said he is considering seeking a dismissal based on the argument that the president cannot be sued while in office.

Presidents have absolute legal immunity for any official act, but the notion that they cannot be sued for actions before taking office is an uncharted constitutional theory.

Judges have considerable discretion in how they view pleadings and their authority over lawsuits, so the likely success of such a motion is far from certain.

Jones' lawsuit rests on a Civil War-era law that allows private citizens to sue government officials for allegedly violating their rights.

The Civil Rights Act of 1871 is more often referred to by the part of the U.S. Code in which it appears - Section 1983. It has been used to sue for damages over a multitude of wrongs committed by officials.

While he acknowledged Friday that there are instances in which sexual-harassment allegations can be the basis for a civil rights suit, "I don't think this really fits," Bennett said.

Asked whether he thought the asserted lack of a fit might be grounds for getting the case tossed out before trial, Bennett answered, "I think it certainly is."

If a judge agrees, the lawsuit may be short-lived.

by CNB