Questions about the civil lawsuit; sorry if Germans

[Bully13]

I do find it odd that someone who was obviously beaten serverly enough that required several days of hospitalization did not result in an immediate arrest. Based on the current developments, the culprits were known from the beginning it appears. What other event could have taken place that would have prevented arrests that would not include a payoff somewhere? it seems the victim took some cash and now is pursuing more. if a payoff happened right after the incident, is there a chance that will surface during the trial (if if goes to trial)? and if there was a payoff, which would more than likely be coming from boosters on behalf of football players, would that get the attention of the NCAA?

[RossDawg82]

It most likely would but it would paint the victim as money hungry and really hurt any chance he has at obtaining all or most of the money sought after. I don't think this law firm would have taken the case if the kid had already taken hush money from someone affiliated with the school. I feel like they took this case to win and make a nice $300000-$400000 payday for the firm.

[Bully13]

what about " my client was thinking soundly when he accepted the hush money"... I know, far fetched. But what could possibly be the reason that no arrests were apparently made after this incident?

[hells bells]

It most likely would but it would paint the victim as money hungry and really hurt any chance he has at obtaining all or most of the money sought after. I don't think this law firm would have taken the case if the kid had already taken hush money from someone affiliated with the school. I feel like they took this case to win and make a nice $300000-$400000 payday for the firm.

I am not a lawyer but decided to call a friend that is. The friend is up to speed on this case pending and has knowledge of the plaintiff's hired firm. The opinion is that the plaintiff's firm has taken a year to cover all the bases, knows who all the players 1-5 in question are, has witness's that will testify, medical records regarding the plaintiff, this will go to court. Side note, you call in to court all the parties involved, coaches included this can and will get ugly.

[starkvegasdawg]

Seeing as how it is being reported that the attackers were 7 football players (two of which are current stars worshipped by bears everywhere) it has to be considered that the following happened. The two guys got the unholy hell beat out of them just as they said and by who they said did it. The cops are called by someone attending the party...I will assume a KA or a date. The 7 football players find out cops have been called and leave the scene like their hair was on fire and their ass was catching. Police take statements from all witnesses still hanging around. More than likely, since this is a frat party, most of the witnesses are hammered and some are underage. The police go and question the 7 football players who by this time have scattered to the 4 corners of Oxford and developed alibis. They deny everything. The administration and AD get wind of what happened and go into damage control. Someone goes to the frat house that night or first thing in the morning and says something along the lines of - "You boys had a hell of a party last night. Too bad that you were all drunk and probably can't remember the details of what happened too well. Plus, I bet some of you are not 21. That's a real no no here. I would hate for there to be some repurcussions to this fraternity allowing underage drinking. Why something like that could cause a frat to lose their license and be shut down. Not to mention some legal charges being filed. So think real hard...was it really our football players that beat that poor kid up or some one else that none of you know who it was due to your high level of intoxication? Besides, those players have already been questioned and they say they were no where near here last night. Look, we don't want any problems here. We know boys will be boys and parties in college happen. Hell, we're one of the top party schools in the nation. I just think if you see things our way then no harm no foul. Our boys get to play football and you can still party all you want here. What do you say? Sound like a good deal? It does to me too. Oh, one last thing...go through all your cell phones and make sure no one took any pictures which might prove 'unfavorable' to our stance on things. You understand what I'm saying?"

That is why no criminal charges were ever filed in the case. At least that could be why.

[Saltydog]

substantial documenation that shows a severe injury occured? If not then I don't think any attorney in the country would take it. If an injury did indeed occur (i'm assuming it did) then
why was no one arrested and why did law enforcement not even pursue it enough to find out who John Doe's 1-5 are/were and arrest the Nkemdiche's? Only one answer I can think of and
it makes UM look BAD. Obviously UM must feel strong about this case for them to release a statement indicating they support their players. So, either this guy is a total p.o.s. trying to get
a quick pay day or it happenend w/o any criminal charges being brought forward. If that's the case, couldn't the plaintiff sue the attending law enforcement for not following thru?

[ckDOG]

I suppose the plaintiff knew of Roberts's potential career earnings and felt that pressing charges and getting him sent to jail could compromise those future earnings. Keep it solely a civil matter, drag it out for a couple of years, Robert to NFL, then profit.

This, of course, is assuming Nkemdiches were in the wrong and this guy is making a smart long term move. It's also possible this kid is full of shit. It's also possible there was a coverup.

I'll get the popcorn.

[fishwater99]

what about " my client was thinking soundly when he accepted the hush money"... I know, far fetched. But what could possibly be the reason that no arrests were apparently made after this incident?

Seriously? This happened on the Ole Miss campus.
Who do you think investigated this incident? Did they have any loyalty to Ole Miss?
Could someone have told them to not file charges b/c this was their #1 recruit ever? Probably so..

Do you not remember what happened at Penn State and the coverup by the University Police?

[bannedwayne]

Do you not remember what happened at Penn State and the coverup by the University Police?

Sorry to bust your bubble, but this does not equate.

Child Molestation by a University Employee does not equal Grown man ass beating by Scholarship player.

I see your point, but the PSU situation was so far beyond this that it is absurd to even try to compare.

[bannedwayne]

I am not a lawyer but decided to call a friend that is. The friend is up to speed on this case pending and has knowledge of the plaintiff's hired firm. The opinion is that the plaintiff's firm has taken a year to cover all the bases, knows who all the players 1-5 in question are, has witness's that will testify, medical records regarding the plaintiff, this will go to court. Side note, you call in to court all the parties involved, coaches included this can and will get ugly.

Everything I've seen says that the year between the incident and the filing was because of a) time to gather evidence and b) time to allow the statute of limitations for assault to pass (so they wouldn't be criminally charged).

Clearly, a) makes perfect sense. b0 makes sense, particularly since they filed the suit exactly 1 year and 1 day after the incident (MS SoL is 1 year for assault).

I don't think it will go to court. I think it certainly could I think the kid has a strong case, but it will be settled. That's probably the reason the lawyers are asking for such ridiculous damages ($1M punitive, $1M compensatory) when actual damages were probably less that $100k. They know that they've got the Nkemdiches and OM by the balls and they can get whatever they want to keep the matter out of court.

[fishwater99]

Sorry to bust your bubble, but this does not equate.

Child Molestation by a University Employee does not equal Grown man ass beating by Scholarship player.

I see your point, but the PSU situation was so far beyond this that it is absurd to even try to compare.

My point is that there is lack of institutional control in both situations.
I am saying that it's not absurd to think that the University Police at Ole Miss did not investigate because it was a football star.

The Ole Miss football program has rampant drug use, multiple DUI's, paying players, stealing, raping girls on a recruiting weekend and now beating up Frat boys.

[mjh94]

b) makes sense, particularly since they filed the suit exactly 1 year and 1 day after the incident (MS SoL is 1 year for assault).


i'm not well-educated in this kind of stuff, so forgive me for asking a stupid question: You're essentially saying they did this so that the 7 defendants can't/won't file assault charges, claiming they were assaulted first?

[DawgHouseUnited]

i'm not well-educated in this kind of stuff, so forgive me for asking a stupid question: You're essentially saying they did this so that the 7 defendants can't/won't file assault charges, claiming they were assaulted first?

It could be some sort of goodwill gesture on the plaintiff's part, by waiting until it's too late to file criminal charges against the players. That would be my guess, but I'm not well educated in it either.

[bannedwayne]

I don't know that, and you can disregard my earlier statement.

I was told that by a friend (that the Statute of Limitations for Criminal Assault is 1 year), but after doing my research, its actually 2 years. So criminal charges could be filed.

And I was under the impression that it was filed yesterday, when in fact it was filed last week.

So basically, I'm not a lawyer and I should stop pretending.