Coach May Be Sued For Defamation

  The New York Court of Appeals reversed the dismissal of defamation claims against Syracuse basketball coach Jim Boeheim.

Plaintiffs Robert Davis and his step-brother Michael Lang sued defendants Syracuse University and James Boeheim, the University’s head basketball coach, for defamation based on statements by Boeheim made in response to Davis and Lang’s allegations of sexual molestation by Bernie Fine, Boeheim’s longtime friend and the team’s associate coach. Plaintiffs claimed that Fine used his position and authority within the University’s basketball program to gain access to and control over Davis and Lang for purposes of sexually molesting them.

The Appellate Division had dismissed the case but the court found the comment at issue actioable

could view his statements as supported by undisclosed facts despite these denials.

Here, Boeheim stated that Davis and Lang lied and did so for monetary gain, and that Davis had done so in the past. Boeheim’s assertions that Davis previously made the same claims, for the same purpose, communicated that Boeheim was relying on undisclosed facts that would justify Boeheim’s statements that Davis and Lang were neither credible nor victims of sexual abuse. That, as defendants argue, Boeheim denied knowledge of facts, or prefaced some statements by saying “I believe”, is insufficient to transform his statements into nonactionable pure opinion, because in context, a reasonable reader.

The context further suggests to the reader that Boeheim spoke with authority, and that his statements were based on facts. Boeheim was a well respected, exalted member of the University and the Syracuse community-at-large, and as head coach of the team appeared well placed to have information about the charges.

Game on. (Mike Frisch)