Eric Smith Civil Suit (Merged)

[Townhallsavoy]

Suit accuses 2 other AU players of assault in Smith case
By Jon Solomon -- The Birmingham News
November 17, 2009, 4:14PM


A lawsuit against Auburn University running back Eric Smith accuses two other Auburn football players of also assaulting the victim and a friend during the August incident.

Decari Jenkins, a student at Auburn, alleges that he was injured after being assaulted by Smith and two unnamed players, according to a lawsuit filed today in U.S. District Court in Montgomery. Jenkins is seeking unspecified damages and claims he has permanent scarring to his face and Post Concussion Syndrome that has affected his ability to complete college.

This is the first time additional Auburn football players have been accused of being involved in the Aug. 21 incident, which led to Smith's arrest and his missing one football game. Jenkins claims in the suit that when Smith was handcuffed, other Auburn football players identified Smith as a player and asked Auburn police "what could be done."

The lawsuit says Jenkins was attending a function at the Lexington Hotel when approached by two unnamed Auburn football players who acted in a "provocative and belligerent manner." Jenkins' friend, who was also unnamed, stepped between him and the players and stated, "We don't want any trouble," according to the lawsuit.

Jenkins contends his friend was then immediately punched by one of the players and rendered unconscious. Smith then approached Jenkins in a "hostile and aggressive manner" and slapped a drink from his hand, the lawsuit says.

Smith, with the aid of teammates, "began to pummel Plaintfiff Jenkins with hands and fists about his face and body," the lawsuit claims. "Though Plaintfiff attempted to defend himself, he was knocked to the floor where Defendant Smith and his cohorts continued to punch and kick him."

Jenkins says he escaped and fled down the outside stairway to the front of the hotel. While outside, Jenkins claims, Smith ran toward him and punched him in the back of his head with four Auburn city police officers standing nearby.

"Defendant Smith then kicked the Plaintiff, turned away from the officers, and casually walked away as if nothing had happened, leaving Jenkins unconscious in a pool of blood," the lawsuit states.

Smith was charged with disorderly conduct. He pleaded guilty and was granted youthful offender status.

A police report said Smith told officers that Jenkins had punched him earlier in the evening. According to the report, officers said Smith appeared to have blood coming from his nose. Smith filed a harassment charge against Jenkins that was later dismissed with prejudice, according to Jenkins' lawsuit.

Smith has rushed for 99 yards on 20 carries. He is Auburn's fourth-leading receiver with 17 catches for 225 yards.

An Auburn official said this afternoon he was unfamiliar with the lawsuit and had no immediate comment.

[Townhallsavoy]

Some notes:

- The plaintiff's lawyer alleged that this is a common occurrence with Auburn football players.  The athletic department is covering up the incidents. 
- She was on Finebaum's show discussing the case. 
- Her name is Wendy Crew...you know, the lady that represented the joker on I-459 that was brutally knocked around by police officers.

[Kaos]

Some notes:

- The plaintiff's lawyer alleged that this is a common occurrence with Auburn football players.  The athletic department is covering up the incidents. 
- She was on Finebaum's show discussing the case. 
- Her name is Wendy Crew...you know, the lady that represented the joker on I-459 that was brutally knocked around by police officers.

Anyone question the timing of this kind of shit? 

[Townhallsavoy]

Anyone question the timing of this kind of shit? 

Of course not.  The first caller was Shane from Centerpoint.  He wanted to ask Wendy if she was going to expose the gang mentality in Auburn. 

I turned it off after that. 

[Mr. Sensible]

Of course not.  The first caller was Shane from Centerpoint.  He wanted to ask Wendy if she was going to expose the gang mentality in Auburn. 

I turned it off after that. 

They've gone back to that "gang" phrase a lot.

What a bunch of bullshit!

There's no gang mentality.

Finebaum

[bottomfeeder]

Anyone question the timing of this kind of poop? 

Good point, after the commits and before signing not to mention the Iron Bowl. My question is this Wendy B. Crew attorney, is she like involved in the case and can she back up her claim that this type of thing happens all the time and is covered up? I think she needs an attorney now, even though she is one. She should be held libel for making those accusations without hard evidence. I say shut her the fuck up with a suit for defamation of character. One count for every Auburn coach, athletic director and anyone else who wants her ass to shut the fuck up.

[AUChizad]

She should be held libel for making those accusations without hard evidence.

Pun intended?

[Kaos]

Good point, after the commits and before signing not to mention the Iron Bowl. My question is this Wendy B. Crew attorney, is she like involved in the case and can she back up her claim that this type of thing happens all the time and is covered up? I think she needs an attorney now, even though she is one. She should be held libel for making those accusations without hard evidence. I say shut her the phuk up with a suit for defamation of character. One count for every Auburn coach, athletic director and anyone else who wants her ass to shut the phuk up.

She must be one ugly bitch.  No photos. 

[Mr. Sensible]

She must be one ugly bitch.  No photos. 

Dr. Lecter would call her "roomy."

[notthatcool]

The thing that pisses me off is that she keeps on and on about how badly he was beaten and his permanent injuries.  If the injuries were so severe and permanent Smith would have been charged with assault 2nd (a felony) not assault 3rd (misdemeanor)?

Secondly how many other clients does she have in the hundreds of misdemeanor campus fights that happen across this state?  Did she pick this one because Smith is a football player and has a very slim chance of playing professionally?

Third, why did her clients mother approach the athletic department?  Was it because she had her hand out to make it go away?        


Something stinks....

[bottomfeeder]

She must be one ugly bitch.  No photos. 

Still looking.

[Argo]

So that I am not to offend any justice seeking professionals on this website, I shall withhold the excessively strong opinions that I may, or may not have, regarding this subject, to myself.  

[bottomfeeder]

The thing that pisses me off is that she keeps on and on about how badly he was beaten and his permanent injuries.  If the injuries were so severe and permanent Smith would have been charged with assault 2nd (a felony) not assault 3rd (misdemeanor)?

Secondly how many other clients does she have in the hundreds of misdemeanor campus fights that happen across this state?  Did she pick this one because Smith is a football player and has a very slim chance of playing professionally?

Third, why did her clients mother approach the athletic department?  Was it because she had her hand out to make it go away?  

 Something stinks.... 

   

I think her case if very weak and Finescum promotes anything anti-Auburn. If her case were strong she would not have been live on Finescum giving up anything. She would wait until after the case was settled in court. I think she's wanting a settlement out of court, thus the recent publicity. If she can't get it, she may lose any chance in a civil court. Please correct me if you think I'm wrong, because I'm no detective or lawyer. I'm still trying to figure out women.

[bottomfeeder]

So that I am not to offend any justice seeking professionals on this website, I shall withhold the excessively strong opinions that I may, or may not have, regarding this subject, to myself.  

Aww, come on man.

[Townhallsavoy]

We have enough lawyers on this board to get an explanation.  Damnit, AWK.  Earn your degree!

[Townhallsavoy]

I can't figure out how to get the pic, but go to this site.  Wendy Crew in a picture with Joe Nameth.  First one that scrolls by.  Click it.

http://www.crewandhowell.com/personalities/

Fuck that bammer bitch. 

[AWK]

Just because she was on finebaum doesn't really shed light on the weight of her case.  With that being said, she probably should have not been a guest on his show.  I see no benefit to it.

I'm just intrigued as to why she chose to file it in U.S. District Court in Alabama?  This tells me one thing though, she is claiming at least $75,000 in damages.

[Argo]

I'm just intrigued as to why she chose to file it in U.S. District Court in Alabama?  This tells me one thing though, she is claiming at least $75,000 in damages.

Honestly, that's the meat and potatoes of this entire situation.  Justice, be damned. 

[AWK]

Honestly, that's the meat and potatoes of this entire situation.  Justice, be damned. 

Dear Sir,

If you knew anything, which you don't, you would know that to file a civil case in federal court that does not deal with a federal question, you need diversity of citizenship and you have to meet the $75,000 amount in controversy requirement.

Signed,

J. Cochran

[Townhallsavoy]

Just because she was on finebaum doesn't really shed light on the weight of her case.  With that being said, she probably should have not been a guest on his show.  I see no benefit to it.

I'm just intrigued as to why she chose to file it in U.S. District Court in Alabama?  This tells me one thing though, she is claiming at least $75,000 in damages.

It has nothing to do with the case.  Really.  Nothing.  

This will be talked about ad nauseum for the next week.  Hell, even more than that.  When Eric Smith still plays in the Iron Bowl and isn't punished further, it will be a talking point until February.  The media will try to tarnish Chizik's reputation as a good disciplinarian without basing anything on actual facts.  

Why was she on Finebaum?  And why the hell was she taking callers?  This case was just released today, and she's already out helping spread the idea that Eric Smith and other football players are getting away with violence.  Nothing's been proven except that Eric Smith was charged with third degree assault.  Third degree is the least of the three, correct?  

So what this amounts to me is an effort to cause controversy, and it was started by none other than Paul Finebaum.  

This man would know what to do: