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Warriors Play!
December 21, 2011
OAKLAND, CA (Lawsuits) — The former director of community relations for the Golden State Warriors filed suit Wednesday alleging that the basketball team’s star player, Monta Ellis (pictured below, right) sexually harassed her, including by sending her a graphic photo of his genitalia. Erika Ross Smith claims in her lawsuit, which was filed in Alameda County Superior Court, that the Warriors tried to cover up the alleged misconduct by Ellis and retaliated against her on Aug. 5 by laying her off. Smith’s lawyer said Smith started working for the Warriors in September 2007 and received positive work reviews, but after she rejected a request by the team in February that she resign and take “a little money,” the team began removing some of her job duties. The Warriors ultimately told Smith that she was being laid off because her job was being eliminated, according to her lawyer. Brown filed her suit against the team, Ellis, co-owners Joe Lacob and Peter Gruber and general manager Larry Riley. Smith's lawyer said the suit alleges 14 different legal claims and contains 165 paragraphs that detail the allegations. Warriors officials couldn’t immediately be reached for comment.Smith, who is single and is in her 30s, told reporters at a news conference in her attorney’s office that Ellis began texting her in November 2010 but she told him she wasn’t into having a relationship with him because he is married. Her attorney said Ellis’s texts, which sometimes started with the phrase “Hey Sexy,” weren’t work-related and were sent at odd hours. He said Smith “was embarrassed and intimidated and felt scared and helpless” because she feared that the team wouldn’t believe her story. “Mr. Ellis was and is the team’s star and makes $11 million a year, and my client definitely is in the 99 percent,” he said. He said Smith “feared she would lose her job, and it’s very apparent that all her fears are justified.”
The attorney said Smith’s suit seeks recovery of lost income, including back wages and benefits, compensation for severe emotional distress and injunctive relief to order the Warriors to remedy what the suit alleges is illegal conduct.Failure to Protect?
New Haven, CT -- The family of a Yale pharmacology student who was killed by a lab technician shortly before her wedding day has sued the university, saying it failed to protect women on its campus. Annie Le, 24, was reported missing on September 8, 2009. Her strangled body was found stuffed inside a wall of a campus lab building five days later. Former Yale University lab technician Raymond Clark III has been sentenced to 44 years in prison after pleading guilty in March to the murder and attempted sexual assault of Le.Both Yale University and the Yale School of Medicine are named as defendants in the lawsuit, filed Tuesday in New Haven Superior Court in Connecticut. "Prior to September 8, 2009, Yale had long taken inadequate steps to ensure the safety and security of women on its campus," the complaint states. "Sexual attacks on and harassment of women at Yale had been well-documented and longstanding problem, and there was a widespread belief that Yale repeatedly failed to impose meaningful discipline on offenders. As a result, Yale created a culture of tolerance that allowed and encouraged aggressive male behavior towards women."
The suit also cited a Title IX complaint filed by students against the university "which highlighted Yale's failure to adequately prevent and respond to sexual harassment and sexual assaults on female students at Yale. A federal investigation of Yale's conduct in this regard is ongoing." But the university said the suit has "no basis."
"Yale had no information indicating that Raymond Clark was capable of committing this terrible crime, and no reasonable security measures could have prevented his unforeseeable act," Yale said in a statement. "Annie Le's murder shocked and deeply saddened the entire Yale community. As a community we united to support and comfort her family and loved ones, and create a lasting memorial to her life. This lawsuit serves neither justice nor Annie's memory, and the University will defend against it as appropriate."
Le had planned to marry Columbia graduate student Jonathan Widawsky on the day her body was found. Clark was not a Yale student but had worked as a lab technician at the university since 2004, after graduating from high school. He lived with his girlfriend, who also was a Yale lab technician, according to police. A Yale faculty member had described Clark's job as maintaining colonies for animals used in research.
Wrongful Death!
Jackson, Mississippi -- The family of an African-American man who was killed when he was beaten and run over with a truck has filed a wrongful death lawsuit against a group of teens alleged to have been present at the time of the attack. The lawsuit -- filed Tuesday in a Mississippi district court -- alleges that seven white teenagers "set out on a mission" to find and harass African-Americans.
The death of James Craig Anderson, 48, occurred early June 26 in Jackson, Mississippi -- allegedly at the hands of white teens who, after a night of partying and drinking, decided to "go fuck with some niggers," police said, quoting one of the suspects in the case.
"James Anderson lost his life for no other reason than the color of his skin," said Morris Dees, chief trial counsel for the Montgomery, Alabama-based Southern Poverty Law Center, in a statement. The law center filed the suit on Anderson's family's behalf along with Mississippi attorney Winston J. Thompson III. "Those responsible must be held accountable for their callous and deadly actions. We are filing this lawsuit today to ensure his family gets a measure of justice."
Anderson's death drew national attention after CNN first reported it and aired exclusive surveillance video of the killing in a Jackson suburb. Hinds County, Mississippi, District Attorney Robert Shuler Smith, who is prosecuting the case, has called it "vicious" and a "premeditated hate crime."
A civil trial can proceed at the same time as a criminal case, but often the civil case is delayed pending the resolution of a criminal trial. While a criminal case is pending, a defendant in a civil case may need to invoke the Fifth Amendment. Thompson said Tuesday the civil case will be pursued in conjunction with the criminal case. If attorneys for Dedmon and Rice file a motion to stay the suit pending the outcome of a criminal trial, "then we'll take that up with the judge." The suit alleges all seven of the teens "took part in what we call a joint venture, to seek out and do harm to a person of color," Thompson said.
Civil Rights!
Richard Rodriguez (pictured above) the gang member who was kicked in the head by an El Monte police officer after a televised car chase, has filed a $5-million legal claim against the city. But before he appears in court, he'll possibly be undergoing a serious makeover. Rodriguez's attorney has suggested that his client ditch his thuggish look (seen in his mug shot on the left), in favor of a more conservative -- albeit less eye-catching -- visage (seen in the photoshopped version on the right).
In the booking photo, Rodriguez's head is shaved, and the name of his gang hangs over his lip. Tattoos climb his neck. In the "after" rendition, he's wearing a black suit with a metallic gray tie, neatly combed hair and a lush mustache. His attorney hopes Rodriguez's makeover will allow the jury to be sympathetic to Rodriguez, who claims to suffer headaches and blurred vision as a result of his arrest. "People get past looks when you put on a suit and your hair is grown," said the attorney.
What do you think of the attorney's strategy? What does it say about our justice system when a plaintiff feels he or she must disguise certain physical features in order to receive a fair trial?
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