UO seeks dismissal of $7.5 million lawsuit by former basketball - KPTV - FOX 12

UO seeks dismissal of $7.5 million lawsuit by former basketball player accused of rape

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Brandon Austin, former University of Oregon basketball player Brandon Austin, former University of Oregon basketball player

The University of Oregon is seeking to have a $7.5 million lawsuit filed by a former basketball player who was accused of raping another student dismissed.

A motion filed Monday in U.S. District Court in Eugene states the allegations in the lawsuit filed last October by Brandon Austin, "do not give rise to any viable legal claims."

Austin, along with teammates Damyean Dotson and Dominic Artis, were dismissed from the UO basketball team and suspended from school in 2014 after a woman claimed she was sexually assaulted by them at a party and again later at an apartment.

The players told investigators the sexual contact was consensual and the Lane County district attorney's office declined to press charges.

Austin's lawsuit claims he was not provided due process and his dismissal from the team cost him future earnings because he was, "widely projected to be selected in the first round of the NBA Draft, which would more likely than not be accompanied by a multi-million dollar contract and tens of millions of dollars in prospective economic advantage."

Austin transferred to the University of Oregon from Providence College, where he had been suspended from the basketball team due to sexual assault allegations.

In its motion to dismiss the lawsuit, the university states, "plaintiff's hypothetical NBA contract (and thus his alleged future loss of income) is speculative, not probable."

"Plaintiff's claims seek remedy in constitutional law for an alleged injury to constitutional rights that do not exist (and review of an administrative order that is precluded from judicial review), remedy in tort for alleged relationships that did not exist, remedy in contract law for a contract that was not breached, and his claims are premised on damages that have not been incurred," the motion states.

No court dates are set for this case. The case was moved from Lane County to federal court in December 2015.

The university previously settled a lawsuit with the female student who said she was sexually assaulted. She received $800,000 and had all costs for tuition, housing and other fees waived for four years.

That January 2015 lawsuit alleged the school and head coach Dana Altman prioritized the performance of the basketball team over taking action on the alleged assault by the athletes and that Altman continued to recruit Austin from Providence College despite his being suspended amid accusations of sexual assault there.

Altman was dropped from the lawsuit prior to the settlement.

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