Lawsuit

[Clickclack]

Former UAlbany men’s basketball player Fizulich sues coach Killings, athletic director Benson, university - The Daily Gazette

[Dane96]

Tick, tock...

Tick, tock...

Tick, tock..

Gonna be a LOT of lawyering up now. 

[UA1882]

The sad thing to all of this is : if they win this will be swept under the rug (See Vermont). If they lose then I believe they all go down. 

This is the first I heard that it "drew blood" however not a freshman left the program and he continues to recruit.  Either way not a good look for the program. 

 

[Dane96]

12 minutes ago, UA1882 said:

The sad thing to all of this is : if they win this will be swept under the rug (See Vermont). If they lose then I believe they all go down. 

This is the first I heard that it "drew blood" however not a freshman left the program and he continues to recruit.  Either way not a good look for the program. 

 

 

THere is no win or lose.  Likely settled...but depositions will be taken.  And Rodriguez will now have to address whatever comes out in those depositions.  

[dslyank]

I wonder if the witnesses confirmed "struck in the face". If so, DK should have been let go immediately. If indeed a cover-up due to  black community involvement then both should be let go NOW. If Fizulich is exaggerating or lying about the incident because he cannot find a school that will take him now {and IMHO that is the case}, then UA should move forward with their defense. If the witnesses collaborate UA that it was non malice shove in the excitement of the pre-game; then no harm done in my opinion.

[cwdickens]

1 hour ago, Clickclack said:

Former UAlbany men’s basketball player Fizulich sues coach Killings, athletic director Benson, university - The Daily Gazette

The allegations outlined in the article confirms what I was told in one conversation with a long standing UAlbany fan concerning the incident and a second conversation with another individual previously associated with the MBB program.  Based on the second conversation, I was told that there nearly all of last year's team witnessed the incident unfold and most were shaken by the incident.  In my opinion, appeasing the local group, which expressed support for Killings, appears to be leading the University at Albany and esteemed athletic director to a very embarrassing lawsuit. 

[cwdickens]

13 minutes ago, dslyank said:

I wonder if the witnesses confirmed "struck in the face". If so, DK should have been let go immediately. If indeed a cover-up due to  black community involvement then both should be let go NOW. If Fizulich is exaggerating or lying about the incident because he cannot find a school that will take him now {and IMHO that is the case}, then UA should move forward with their defense. If the witnesses collaborate UA that it was non malice shove in the excitement of the pre-game; then no harm done in my opinion.

Let the depositions, motions to dismiss and counter motions begin...

[UA1882]

19 minutes ago, Dane96 said:

 

THere is no win or lose.  Likely settled...but depositions will be taken.  And Rodriguez will now have to address whatever comes out in those depositions.  

Likely settled.....  we have all seen companies,  teams, ect make decisions.  Then based on public opinion reverse those decisions.  Winning makes that harder.  We will see.  Maybe if "something new" comes out in those depositions it will allow the President to reverse course.  

Edited November 16, 2022 by UA1882

[Clickclack]

6 minutes ago, cwdickens said:

The allegations outlined in the article confirms what I was told in one conversation with a long standing UAlbany fan concerning the incident and a second conversation with another individual previously associated with the MBB program.  Based on the second conversation, I was told that there nearly all of last year's team witnessed the incident unfold and most were shaken by the incident.  In my opinion, appeasing the local group, which expressed support for Killings, appears to be leading the University at Albany and esteemed athletic director to a very embarrassing lawsuit. 

I'm going to let it play out...Duke kids were "guilty" as well....

[Dane96]

3 minutes ago, cwdickens said:

Let the depositions, motions to dismiss and counter motions begin...

Only people who are going to do well here are the lawyers on billable hours.  I don't miss that life. 

[godanesgo99]

Something still seems extremely fishy about this entire situation and honestly none of us know the whole story (at least I don't) so it's hard to comment on it, but I can say it doesn't seem to make sense.

Fizulich obviously had some form of a relationship with DK, as he followed him from Marquette. He got a fair amount of playing time for a Walk-on. I mean he got as much court time as any walk-on I can remember. No one transferred out of the program that DK had recruited. Doles and Horton were WB recruits that graduated. 

Just not sure I can see DK "violently attacking" a player for no reason. I mean if Fizulich instigated or "deserved" it for some reason, it's still not acceptable for a coach to strike a player, even in self defense, but it really seems far fetched. Also, if Fizulich did something to instigate a conflict, I doubt DK would have played him during the season. Did LF get the minutes he got as retribution because DK felt guilty over the incident?

I wonder if the real story could be found by talking with one of the players who graduated or transferred after last season. I doubt any current player would want to stick their neck out and say anything negative.

Sorry for the stream of consciousness rambling post. I think we are all just trying to understand what happened and try to figure out if we should be supporting our coach or calling for his head. Something tells me we well never know the real story.

Edited November 16, 2022 by godanesgo99

[Dane96]

Edited: was walking my dogs and using voice dictation.  Cleaned it up.

 

It’s called a deposition.  These players, coaches and trainers will be under oath.  No one is gonna stick their neck out for anyone under oath with the threat of perjury. That’s the only positive in this whole situation, we will finally know what happened to the best extent possible, and that includes putting Luke under oath.  Unless this case gets dismissed on summary judgment, these depositions will occur.    If the school is super worried, they will settle way before depositions after reading the claims.  

Edited November 16, 2022 by Dane96

[cwdickens]

From the Times - Union

https://www.timesunion.com/sports/article/Former-basketball-player-sues-Killings-Benson-17590032.php?IPID=Times-Union-HP-breaking-bar

I hoping that when the UAlbany MBB team goes on the road, in particular, a road conference game, that Killings does not get a rude reminder of what he is facing by the opponent's fans.

[godanesgo99]

13 minutes ago, cwdickens said:

From the Times - Union

https://www.timesunion.com/sports/article/Former-basketball-player-sues-Killings-Benson-17590032.php?IPID=Times-Union-HP-breaking-bar

I hoping that when the UAlbany MBB team goes on the road, in particular, a road conference game, that Killings does not get a rude reminder of what he is facing by the opponent's fans.

Interesting line in this article that I hadn't seen before. Not sure if it makes any difference, but if true it could explain a lot. I have been on teams and in locker rooms where the coach tried to get the team angry. On my high school varsity team we had a team "mosh pit" with death metal blaring as we were getting up for a playoff game. If it was something like that and Fizulich had purposeful contact with the coach that was accidentally harder than intended, I'm not sure I think DK deserves to be sued or fired. This does not sound like a coach hitting him in anger, but was part of the hype up routine that may have gone too far. Accidents happen, and if you remember at the time the team didn't have a single win yet (I think this game was their first win if I remember correctly) and they needed a swift kick in the ass to get it together.

The plot is definitely thickening and I'm curious to see where it goes....

 

[Quote]Sometime after the incident, the complaint states, Killings told the team in the locker room that he struck Fizulich because he wanted him to “play angry, and he wanted the whole team to play angry.”[/Quote]

 

Edited November 16, 2022 by godanesgo99

[Dane96]

Just saw that the law firm is Nesenoff & Miltenberg.  I am familiar with them through work.  I wouldn't want to be tussling with them...they are pretty good at what they do. Lead counsel is very good. 

Edited November 16, 2022 by Dane96