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Torts Keyed to Franklin
Davis v. Boeheim
Citation:
24 N.Y.3d 262, 22 N.E.3d 999, 998 N.Y.S.2d 131 (N.Y. 2015)Facts
Davis alleged that he was sexually molested by Bernie Fine, who was Boeheim’s long-time friend and assistant head coach of the Syracuse University basketball team. Davis claimed that Fine used his position of authority to exercise control over Davis and sexually molest him since he was 11 years old. Davis reported Fine to the police, a local newspaper, and the University, but no one investigated the matter. His claims only gained public traction when the coach of another well known university was accused of sexual abuse.
Syracuse University released a statement that it was unable to corroborate Davis’ claims after a four-month investigation back when Davis had initially reported the abuse. At the same time, Boeheim issued a public statement via the Syracuse University news service, as well as statements to other news sources, that backed Fine and cast Davis as a liar who was financially motivated to pursue his allegations.
Davis sued Boeheim and Syracuse University for defamation, claiming that Boeheim’s statements had caused him economic, emotional, and reputational harm.
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