Fine allegations : Boeheim, SU’s lawyers file paperwork to dismiss defamation lawsuit
Jim Boeheim‘s lawyers argue his statements toward two of Bernie Fine’s accusers are constitutionally protected opinions – not defamatory statements.
Boeheim and Syracuse University’s attorneys filed court papers in Onondaga County on Tuesday stating the SU men’s basketball coach’s affinity for sarcasm, hyperbole and rhetoric are reasons to dismiss the lawsuit against him, according to an article published by The Post-Standard on Tuesday. The papers referenced past courts that have held that such expressions of opinion are protected by state and federal constitutions and should not be the subject of a defamation suit.
Former ball boys Bobby Davis and Mike Lang both claim Boeheim defamed them when he publicly accused the stepbrothers of lying when they accused Fine, former associate men’s basketball coach, of molestation.
Boeheim apologized for the comments 10 days afterward.
Gloria Allred, the attorney representing Davis and Lang, said in an email she had no comment on the recent filing by the defendants’ attorneys.
Boeheim and SU’s lawyers are scheduled to appear in court on April 27 before state Supreme Court Justice Brian DeJoseph, who will decide if the lawsuit will be dismissed, according to the article.
New York courts have policed the line separating fact from opinion, often defining opinion broadly, lawyers wrote, according to the article. They cited cases where courts ruled calling someone a ‘pathological liar or a dirty liar’ were ‘appropriately labeled hyperbole and opinion.’ Lawyers wrote such a principle is more prevalent in Boeheim’s case, as he was denying allegations that were in part made against him.
Boeheim’s lawyers additionally submitted a 28-page motion to dismiss the case Feb. 8, which stated former ball boys Davis and Lang filed needless complaints against Boeheim.
Fine has denied the allegations against him and has not been charged. He was fired from the university Nov. 27. Federal agents continue to investigate.
Published on March 13, 2012 at 12:00 pm
Contact Marwa: meltagou@syr.edu | @marwaeltagouri
