Hugh Freeze wants Tunsil lawsuit deposition restricted

OXFORD - Ole Miss football coach Hugh Freeze's lawyers have stipulations if he's going to testify in the Laremy Tunsil civil lawsuit.

Attorneys representing Freeze asked for an outright prohibition of, or for restrictions to be placed upon, a possible deposition after one was requested in conjunction with a lawsuit filed two weeks ago against Tunsil, a former Ole Miss offensive tackle, by his stepfather Lindsey Miller.

If Freeze were deposed, his attorneys have asked that the deposition be conducted through written questions, would only relate to Freeze’s conversations with Tunsil regarding an altercation between Tunsil and Miller last summer, would only have parties and counsel related to the case in attendance and would be sealed pending court order.

All restrictions requested are permissible under Rule 26(d) of the Mississippi Rules of Civil Procedure.

However, a motion for protective order filed Tuesday in Lafayette County Circuit Court argues that there is “no basis for deposing Freeze at any point concerning his claims against Defendant [Tunsil]” and describes the request “as a fishing expedition as to Freeze’s liability.”

“In support [of the request to depose Freeze], Plaintiff [Lindsey Miller] contends...Freeze’s deposition may (i) reveal, before the statute of limitations runs on June 28, 2016, Freeze’s ‘motivations’ for publishing the written statement, (ii) prove Plaintiff’s defamation claim against Defendant, and (iii) disclose the identity of certain witnesses,” the motion reads.

TMZ first reported the news of Freeze's attorney filing the motion regarding his deposition.

The request to depose Freeze came two weeks ago in a motion filed by Matthew Wilson, who is representing Miller in Miller’s lawsuit against Tunsil. The lawsuit alleges Tunsil attacked Miller, defamed Miller’s character and caused an “intentional infliction of emotional distress.”

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There were also requests to depose offensive line coach Matt Luke and assistant athletic director of football operations John Miller because they "may have independent knowledge of the facts of this matter," according to the motion filed by Wilson.

John Miller’s legal representation also filed a request Tuesday asking that a request for an expedited deposition be denied. Wilson requested Freeze, Luke, and Miller be deposed before the statute of limitations revolving around the lawsuit expire on June 28.

Ole Miss attorney Robert Jolly is representing the school and Luke. Nothing regarding Luke's requested deposition had been filed as of late Wednesday.

Freeze’s statement following an incident last June between Tunsil and Miller is the focus of the arguments. Freeze said, in part, that Tunsil was “defending his mother against his stepfather” and that Freeze was “proud of him for standing up for his mother and protecting his family.”

Lindsey Miller is suing Tunsil, alleging defamation of character as a result of Freeze's comments. The lawsuit argues that Freeze's comments came as a result of his conversations with Tunsil, leading to the request for Freeze to be deposed.

The motion filed Tuesday said the portion of Freeze’s comments related to the defense of Tunsil’s mother, Desiree Polingo, could revolve around “verbal assault,” not necessarily alleging physical assault. Miller’s lawsuit said he had been in an argument with Tunsil’s mother.

The motion added the portion of Freeze’s comments regarding standing up for his mother was merely an opinion “and does not pertain to the Plaintiff.”

Miller's lawsuit comes after Tunsil and Miller filed criminal domestic violence charges against each other last year but mutually dropped them on the date of Tunsil's scheduled arraignment. Miller had pleaded not guilty a few weeks prior to that.

Tunsil was widely projected to go early in the first round of last month's NFL draft. However, a video of him smoking a bong through a gas mask, posted to his Twitter account about 10 minutes before the draft, caused him to drop to No. 13, where the Miami Dolphins chose him.

Someone then posted screenshots of alleged text messages between Tunsil and John Miller in which Tunsil asked Miller for money to pay for rent and $305 to help with his mother's electric and water bills. When asked in a press conference afterward whether he had taken money from coaches, Tunsil told reporters, "I'd have to say yeah." This led Ole Miss to begin an investigation into the matter.

Tunsil declined further comment the next day in his introductory press conference with the Dolphins.

Contact Daniel Paulling at dpaulling@jackson.gannett.com. Follow @DanielPaulling on Twitter.