Fine's accusers sue Syracuse, Boeheim
Then-assistant coach Bernie Fine of the Syracuse Orange looks on from the sidelines during their game against the Connecticut Huskies during the quarterfinals of the Big East Tournament at Madison Square Garden. (March 12, 2009) Credit: Getty Images
Two men accusing former Syracuse men's basketball assistant coach Bernie Fine of sexual molestation filed a defamation suit Tuesday against the university and coach Jim Boeheim.
Bobby Davis and Mike Lang, along with their attorney, Gloria Allred, said at a news conference in Manhattan they are seeking "special compensatory and punitive damages" as a result of Boeheim's initial comments defending Fine. The amount of compensation they are seeking was not released.
"It is now time to make both coach Boeheim and Syracuse University accountable to both Bobby and Mike, who have suffered enough," Allred said.
Allred said the lawsuit was filed Tuesday morning in State Supreme Court. Syracuse declined to comment on the lawsuit, and an athletics department spokesman said Boeheim also had no comment.
On Nov. 17, shortly after ESPN reported the allegations, Boeheim called Davis a "liar" in various reports and said he believed "they are using ESPN to get money." Boeheim later backtracked on his comments, saying he was wrong to question the accusers' motives, but Allred said it was "too little, too late."
"It really hurt me to learn that coach Jim Boeheim accused me of lying," Davis said. "For a long time, this was my worst fear, that if I did speak up against this person that no one would ever believe me."
Davis, 39, and his stepbrother Lang, 45, each read a statement but did not take questions.
Fine, 65, who denies the allegations, was fired Nov. 27, Davis and Lang, who were both Syracuse ball boys, are accusing Fine of sexually abusing them starting in the 1980s and continuing into the '90s. Because the statute of limitations in New York has passed, Allred said they can't pursue litigation against Fine.
The claims of a third alleged victim of Fine, Zach Tomaselli, are within the federal statute of limitations.
When asked why they included the university in the suit, Allred referred to the legal doctrine "Respondeat superior," in which an employer is responsible for an employee's actions under certain circumstances.
"They should instruct all of their faculty and staff that they shouldn't make any comments whatsoever, certainly not attack any alleged victims," Allred said. "The university at least should be neutral."
