Two men who claim they were sexually abused by former Syracuse assistant basketball coach Bernie Fine recently filed a defamation lawsuit against head coach Jim Boeheim. Back in November, Boeheim dismissed the allegations of sexual abuse and called the accusers liars.
Boeheim’s attorneys will likely argue that the defamation case involves a “matter of public concern.” If the court agrees, the plaintiffs will be required to satisfy additional legal requirements not necessary in other defamation cases. These requirements will be difficult for the plaintiffs to prove.
Here are the additional requirements:
1. Prove that Boeheim’s statements about them were false. The plaintiffs will have to establish that they are telling the truth about being abused by Fine. In other words, demonstrate that they are not liars seeking money as stated by Boeheim. (They are indeed asking for money in their defamation lawsuit).
2. Prove that Boeheim acted with malice. The plaintiffs have voluntarily assumed a central role in a public controversy. Therefore, they must show that Boeheim knew that the statements he made about them were false or that he acted with reckless disregard as to whether his statements were false. This will be extremely difficult to establish.
I expect Boeheim’s attorney to file a Motion to Dismiss. I have not seen the actual Complaint so I am uncertain as to whether the case will survive a Motion to Dismiss. It might. However, as to a trial on the merits, expect Boeheim to prevail.