Dawn suing Mizzou AD

[sharris952]

In order to win the lawsuit she would need to prove that his statements were intentionally trying to harm her. If he believed that his statements were in fact true because that was what was reported back to him, I do not see how they can find him guilty. Also, I remember seeing parts of the game, and that crowd was intense. Just as it would be hard to prove that the 18000 people were all nasty and inappropriate, it is even more difficult to prove that a few people of that 18000 didn't act appropriately.... in other words... it is going to be extremely hard to prove that all the fans were appropriate at all times. We cannot even do that at a UCONN game. I have heard some really interested things shouted at the refs when people disagree with the calls.. (granted not normally at the players...).... I just think it is going to be difficult to prove or disprove anything here

The attorney that Dawn retained is very prominent and does not file things for frivolous nature. Saying the fans were rude is one thing. Saying that an African American women promoted an atmosphere to have people spew racism and spitting on people is out of bounds. Especially when no one viewed it on tape, no players on the actual team would say that it happened to them, nor would the coach verify those specific actions when pressed. That defames her character and since the commissioner did not act, she did what she had to do. Strange that given the suit, the commissioner finally levied the fine, because what the Mizz, AD did was in violation of a league rule and he refused to retract the statement. I get it if you are a UConn fan and do not like Dawn but look at it this way. If a the Tenn AD, not a fanbase, goes publicly on air and accused Geno of cheating to get Maya Moore with no proof than sour grapes, he would be expected to be reprimanded because it would be baseless and serve to taint something Geno has built fair and square. Heck Geno even stated that he felt the Mizz AD should be held accountable for irresponsible statements of that nature.

 

[cockhrnleghrn]

Oh geez... Hey the jurisdiction is in South Carolina, so who knows? Isn’t she really just looking for an apology? Is the school paying the legal expenses or something? $75K seems hardly worth the trouble...?

She wants an apology; the SEC fined Mizzou's AD $25,000 today, too. I'm going to the SECT; it would be interesting to play Mizzou in the rubber match there.

 

[triaddukefan]

She wants an apology; the SEC fined Mizzou's AD $25,000 today, too. I'm going to the SECT; it would be interesting to play Mizzou in the rubber match there.

Ill be watching at home if that happens.

 

[Plebe]

The attorney that Dawn retained is very prominent and does not file things for frivolous nature. Saying the fans were rude is one thing. Saying that an African American women promoted an atmosphere to have people spew racism and spitting on people is out of bounds. Especially when no one viewed it on tape, no players on the actual team would say that it happened to them, nor would the coach verify those specific actions when pressed. That defames her character and since the commissioner did not act, she did what she had to do. Strange that given the suit, the commissioner finally levied the fine, because what the Mizz, AD did was in violation of a league rule and he refused to retract the statement. I get it if you are a UConn fan and do not like Dawn but look at it this way. If a the Tenn AD, not a fanbase, goes publicly on air and accused Geno of cheating to get Maya Moore with no proof than sour grapes, he would be expected to be reprimanded because it would be baseless and serve to taint something Geno has built fair and square. Heck Geno even stated that he felt the Mizz AD should be held accountable for irresponsible statements of that nature.

I have to admit I'm sympathetic to Dawn's situation, if indeed the facts are there to back up her position that the AD's accusations were both false and malicious. (I don't know if they are and frankly I don't care enough to research it myself.)

It's extremely rare in any sport to have an AD of one school go after a coach of a rival school. It would be one thing if he'd simply said that Dawn lacked class or was unsportsmanlike, or that she was to blame for the physical nature of the game, or any number of critical statements. But to claim she promoted a racist environment in which fans spat on players, well, those are accusations of another order. This dude isn't some joe blow, he's an AD. If she feels this strongly that the remarks were libelous, then that's the type of thing that libel actions are for.

 

[cockhrnleghrn]

Ill be watching at home if that happens.

I had a feeling you would.

 

[triaddukefan]

I had a feeling you would.

 

[cockhrnleghrn]

Did you know that the Fabulous Moolah made her home in Columbia? She was legendary.

 

[CTrefugee]

I can't imagine Geno being dumb enough to make the issue more visible with a law suit.

 

[cbraarj]

The attorney that Dawn retained is very prominent and does not file things for frivolous nature. Saying the fans were rude is one thing. Saying that an African American women promoted an atmosphere to have people spew racism and spitting on people is out of bounds. Especially when no one viewed it on tape, no players on the actual team would say that it happened to them, nor would the coach verify those specific actions when pressed. That defames her character and since the commissioner did not act, she did what she had to do. Strange that given the suit, the commissioner finally levied the fine, because what the Mizz, AD did was in violation of a league rule and he refused to retract the statement. I get it if you are a UConn fan and do not like Dawn but look at it this way. If a the Tenn AD, not a fanbase, goes publicly on air and accused Geno of cheating to get Maya Moore with no proof than sour grapes, he would be expected to be reprimanded because it would be baseless and serve to taint something Geno has built fair and square. Heck Geno even stated that he felt the Mizz AD should be held accountable for irresponsible statements of that nature.

No need for you to bring up Maya Moore in this!!!

 

[Wbbfan1]

Dawn has asked for a Jury Trial, if it goes to Trial she will get a conviction. Mizz Lawyers should be able to ask for a change of Venue, but there's probably no place in So Carolina that Dawn won't win. Mizz should settle this suit without admitting anything if at all possible.

 

[LoTrader]

The next time these two teams play each other @ one of their home stadiums, the atmosphere will be that of a European Soccer match. Opposing team's fans will have to use separate entrances/exits to/from the stadium, separate concession stands, separate bathrooms, and police/security will be everywhere making sure no USC or Missouri fans can get within 20 feet of each other. And of course the media will turn this game into something it should not be.

 

[Centerstream]

The attorney that Dawn retained is very prominent and does not file things for frivolous nature. Saying the fans were rude is one thing. Saying that an African American women promoted an atmosphere to have people spew racism and spitting on people is out of bounds. Especially when no one viewed it on tape, no players on the actual team would say that it happened to them, nor would the coach verify those specific actions when pressed. That defames her character and since the commissioner did not act, she did what she had to do. Strange that given the suit, the commissioner finally levied the fine, because what the Mizz, AD did was in violation of a league rule and he refused to retract the statement. I get it if you are a UConn fan and do not like Dawn but look at it this way. If a the Tenn AD, not a fanbase, goes publicly on air and accused Geno of cheating to get Maya Moore with no proof than sour grapes, he would be expected to be reprimanded because it would be baseless and serve to taint something Geno has built fair and square. Heck Geno even stated that he felt the Mizz AD should be held accountable for irresponsible statements of that nature.

Of course she hired a prominent attorney and that has no impact on my opinion of whether it is frivolous, it even re enforces my opinion. Why would "she" hire someone who is not prominent, she wants to make sure she gets the needed publicity for her Jury Trial. And I do like Dawn, so the rest of your post is meaningless. I would have posted the same thing no matter what coach filed the suit, I think it is frivolous and should be handled by the SEC and not our court system. Again, it's my opinion.

 

[sharris952]

Of course she hired a prominent attorney and that has no impact on my opinion of whether it is frivolous, it even re enforces my opinion. Why would "she" hire someone who is not prominent, she wants to make sure she gets the needed publicity for her Jury Trial. And I do like Dawn, so the rest of your post is meaningless. I would have posted the same thing no matter what coach filed the suit, I think it is frivolous and should be handled by the SEC and not our court system. Again, it's my opinion.

This is the reason there is a lawsuit. The SEC commissioner knew there was a rule against this and it was pointed out by not only Dawn but the USC administration. They sought a retraction of those statements even if he did not want to give an apology. The commissioner could have given the fine immediately since he was aware that no proof existed and after investigating could not get even corroboration from actual game players or coaches. He decided to let the Mizzou AD try and do the right thing which is different than his immediate fines for coaches who dare question officiating at times. He dragged his feet playing politician when he needed to be direct and assertive. Listen I like Sankey, but he kept this alive by poor judgment. Roy Kramer was very quick and heavy handed about handling this type of tomfoolery thus the SEC as a whole is at another level financially than any other conference in the nation. The lack of action by those charged with enforcing conference conduct by ADs caused Dawn to take action and here we are.

 

[Orangutan]

I know nothing about this area of the law, but I just don't see how you can prove he knowingly made false statements. Doesn't that require you to prove a negative? That is, you would have to prove that the behavior he claims occurred did not occur and that he knew it didn't occur.

But perhaps the law in this area is more nuanced than I realize.

I get why Staley would be upset but this lawsuit just reads as grandstanding to me. She has the money to do it so she's going to make a big stink and try to shame Mizzou into apologizing. I mean, if it works good for her.

 

[Vowelguy]

The next time these two teams play each other @ one of their home stadiums, the atmosphere will be that of a European Soccer match. Opposing team's fans will have to use separate entrances/exits to/from the stadium, separate concession stands, separate bathrooms, and police/security will be everywhere making sure no USC or Missouri fans can get within 20 feet of each other. And of course the media will turn this game into something it should not be.

I doubt that it will be that frenzied, but I have to admit I wouldn't necessarily mind it. Let's face it, great rivalries make a sport. And great rivalries generally need some hate.

 

[Centerstream]

This is the reason there is a lawsuit.

I stand by my original post, a frivolous lawsuit.

 

[HuskyNan]

Dawn has asked for a Jury Trial, if it goes to Trial she will get a conviction. Mizz Lawyers should be able to ask for a change of Venue, but there's probably no place in So Carolina that Dawn won't win. Mizz should settle this suit without admitting anything if at all possible.

It’s a civil suit not a criminal case

 

[HuskyNan]

This is the reason there is a lawsuit. The SEC commissioner knew there was a rule against this and it was pointed out by not only Dawn but the USC administration. They sought a retraction of those statements even if he did not want to give an apology. The commissioner could have given the fine immediately since he was aware that no proof existed and after investigating could not get even corroboration from actual game players or coaches. He decided to let the Mizzou AD try and do the right thing which is different than his immediate fines for coaches who dare question officiating at times. He dragged his feet playing politician when he needed to be direct and assertive. Listen I like Sankey, but he kept this alive by poor judgment. Roy Kramer was very quick and heavy handed about handling this type of tomfoolery thus the SEC as a whole is at another level financially than any other conference in the nation. The lack of action by those charged with enforcing conference conduct by ADs caused Dawn to take action and here we are.

She’s suing because she wants an apology. If it were anyone else, you’d agree it’s frivolous

 

[HopJim]

I stand by my original post, a frivolous lawsuit.

Unfortunately negative comments have been made from one competing University about another for some time. Does anyone ever remember a law suit like this one being filed? Seems bizarre.

 

[CL82]

I know nothing about this area of the law, but I just don't see how you can prove he knowingly made false statements. Doesn't that require you to prove a negative? That is, you would have to prove that the behavior he claims occurred did not occur and that he knew it didn't occur.

But perhaps the law in this area is more nuanced than I realize.

I get why Staley would be upset but this lawsuit just reads as grandstanding to me. She has the money to do it so she's going to make a big stink and try to shame Mizzou into apologizing. I mean, if it works good for her.

Probably enough to file the suit which will require him to show the basis for is accusation that 1) the described events occured and 2) Staley intentionally created the atmosphere for them. It's not enough to say "well I have not proof of my statements but I believe them."

Mizzou AD could have gotten out of this by simply saying "I was upset by the treatment of student athletes and coaches. That behavior is always unacceptable in the SEC, but I have no direct knowledge that Coach Staley created the atmosphere. I regret saying that she did and apologize to Coach Staley." That's it. We'd be done. Why he hasn't done so is an interesting question.

 

[Orangutan]

Probably enough to file the suit which will require him to show the basis for is accusation that 1) the described events occured and 2) Staley intentionally created the atmosphere for them. It's not enough to say "well I have not proof of my statements but I believe them."

The burden of proof is on Staley to prove that his statements were false, not on the defendant to prove that his statements were true.

"Lawyers were involved weeks ago": the latest on Dawn Staley's feud with Missouri - ABC Columbia

 

[Orangutan]

Also, I don't see how Staley could prove injury. It hasn't affected her job status with SCar or USAB and her own complaint speaks to the fact that public opinion is on her side.

 

[CL82]

The burden of proof is on Staley to prove that his statements were false, not on the defendant to prove that his statements were true.

True, but remember she is entitled to discovery. He will have to list his basis for his statement. She needs to prove that 1) the statement was made, 2) that wasn't true, 3) that the AD knew that, and 4)that she was damaged.

1) is a given, 2) and 3) are where discovery comes into play. If Steck's answers show he had no basis for making the statement, and especially no proof that it occurred, he's in trouble. I think you are alluding to the fact that defamation has a higher standard for public officials, and it does, but if "I have no proof, but I actually believe the statements I made" was a defense no public official would ever win a defamation case.

 

[Orangutan]

1) is a given, 2) and 3) are where discovery comes into play. If Steck's answers show he had no basis for making the statement, and especially no proof that it occurred, he's in trouble. I think you are alluding to the fact that defamation has a higher standard for public officials, and it does, but if "I have no proof, but I actually believe the statements I made" was a defense no public official would ever win a defamation case.

So they depose him and he says "yeah, I heard someone say the n-word at one of our players". Wouldn't that just sink her case? Honest question.

 

[CL82]

So they depose him and he says "yeah, I heard someone say the n-word at one of our players". Her whole case is over, right? How can you prove it didn't happen? These are honest questions, not rhetorical, by the way.

Nope, because that doesn't show that Dawn actively promoted/created the atmosphere. If that was formulated out of thin air, he has a problem. Not a huge one, though, because it will be tough for her to quantify damages.

 

[Orangutan]

Nope, because that doesn't show that Dawn actively promoted/created the atmosphere. If that was formulated out of thin air, he has a problem. Not a huge one, though, because it will be tough for her to quantify damages.

Oh, yes, I momentarily forgot about that part of his comments.

 

[cbraarj]

Both teams should just shut up and play the game. It is childish from both sides.

 

[Vowelguy]

Well this thread seems to have run its course.

Now everyone needs to root for Florida to beat Georgia and Mizzou over Texas A&M so we end up SC gets the #2 seed and Mizzou the #3.

Though I suppose if TAMU wins, Mo could fall to #6 or 7, which would also put them on the Gamecocks side of the bracket.

 

[Orangutan]

Well this thread seems to have run its course.

I mean, I was having what I felt like was an enlightening discussion not more than 30 minutes ago. But if you say so.

 

[Centerstream]

I also think that the amount she is seeking in this frivolous lawsuit just seems like a weird amount. Is there a cap on this type of (frivolous) lawsuit in SC?
Cause like my pappy use to say, "go big or go home!".