Favre files motion to dismiss Mississippi lawsuit

Hall of Fame backmost Brett Favre, who is 1 of 38 defendants being sued by the Mississippi Department of Human Services (MDHS), filed a question done his lawyers Monday successful Mississippi judicial tribunal to disregard the ailment against himself and Favre Enterprises.

"It is evident that MDHS has sued Favre, a Mississippi and nationalist celebrity, successful an effort to deflect work for its ain egregious wrongdoing," the question work successful part.

According to a Mississippi authorities audit, astatine slightest $77 cardinal successful Temporary Assistance for Needy Families (TANF) funds, which originated from MDHS earlier flowing to nonprofits, were diverted from the poorest radical successful America's poorest authorities toward affluent and almighty Mississippians. Six radical person been arrested successful the case, 5 of whom person pleaded blameworthy to authorities charges. Favre has not been charged criminally but was named successful the civilian suit connected May 9.

"[MDHS]'s suit is thing much than a baseless effort to blasted Brett Favre for its ain nonaccomplishment to oversee the payment funds placed successful its trust," Favre's lawyer, Eric Herschmann, said successful an emailed connection to ESPN. "Mr. Favre ne'er had immoderate power implicit however Mississippi spent its payment funds. He ne'er made immoderate misrepresentations to anyone."

A typical for MDHS told ESPN connected Monday that, "At this point, MDHS doesn't privation to effort this lawsuit successful the media, and we judge that merits of the lawsuit volition basal connected their own. We volition permission that to a tribunal to decide."

Also, a typical from authorities auditor Shad White's bureau told ESPN: "It's ludicrous to accidental that Mr. Favre has been singled retired successful immoderate way. And arsenic acold arsenic our bureau is concerned, Mr. Favre remains liable for $228,000 successful involvement for nonperformance of the declaration successful question."

Favre was paid $1.1 cardinal from TANF funds for speeches White says helium ne'er made, according to the authorities audit and a civilian lawsuit. He yet paid the wealth back, but the authorities is seeking $228,000 successful interest.

Prevacus, a institution processing a concussion cause successful which Favre is the apical capitalist and stockholder, besides received TANF funds. The diversion instauration astatine Favre's alma mater, the University of Southern Mississippi, received $5 cardinal successful payment money. Text messages amusement Favre pushed authorities officials for backing for a caller volleyball installation connected field during the clip his girl was connected the team. The volleyball installation was not mentioned successful the civilian lawsuit, but the question filed by Favre's lawyers said that "it served arsenic 1 of the mendacious pretexts for MDHS to people Favre successful this lawsuit."

As such, the question filed Monday concluded that "Favre has already repaid to MDHS the lone funds MDHS alleges helium received" and claimed that MDHS "cannot allege that Favre ever received immoderate information of" payments to Prevacus. The question besides reiterated Favre's presumption that helium did not cognize the root of the wealth helium received. He told Fox News Digital successful October that helium had been "unjustly smeared" successful the media.

Monday's question besides stated: "Favre, dissimilar [MDHS manager John] Davis and [Mississippi Community Education Center laminitis Nancy] New and the different nationalist officials, successful information did not cognize that immoderate funds helium received were TANF funds oregon were taxable to a ineligible usage restriction, had nary work oregon quality to audit oregon monitor, fto unsocial control, the usage of MDHS oregon MCEC funds, and did thing incorrect successful transportation with those funds."

Hershmann's connection continued: "As the State Auditor has acknowledged, Mr. Favre ne'er knew payment funds were progressive successful the archetypal place. Once helium recovered out, helium returned each of the funds helium received -- six months earlier MDHS filed its lawsuit. As the State Auditor besides has acknowledged, Mr. Favre's behaviour deserves applause, not a frivolous lawsuit. We judge that aft the Court reviews our motion, this lawsuit volition beryllium dismissed."

However, according to substance messages made nationalist successful the civilian lawsuit, Favre asked New: "If you were to wage maine is determination anyhow the media tin find retired wherever it came from and however much?"

New has since pleaded blameworthy to fraud. Favre continued to property authorities officials for wealth adjacent aft being told by then-governor Phil Bryant that misusing nationalist funds could beryllium illegal, texts show.