Jim Boeheim’s longstanding affinity for sarcasm, hyperbole and blunt comments are being referenced by his lawyers as justification to request the dismissal of the defamation lawsuit filed against him.

Lawyers submitted a 28-page Motion to Dismiss stating former ball boys Bobby Davis and Mike Lang are filing needless complaints against the Syracuse University men’s head basketball coach. Davis and Lang both claim Boeheim defamed them when he publicly accused the stepbrothers of lying about former associate men’s basketball coach Bernie Fine molesting them.

Lawyers argue Boeheim’s remarks were his opinion and therefore non-actionable, according to court papers. The papers also highlight Boeheim’s public apology 10 days after the initial statements.

Expressions of opinion are privileged despite how offensive they are and cannot be the subject of an action for defamation, according to the papers. Lawyers cite the vigilance of New York courts in separating the line between fact and opinion to support this claim, stating that such policing ‘‘provides the broadest possible protection’ to statements of opinion.’

Lawyers said Boeheim’s initial comments expressing both his disbelief of the allegations and the possibility of a financial motive behind Lang and Davis reflect Boeheim’s opinion. Since they are not facts, they are non-actionable and cannot be considered defamatory, according to the papers.

An additional argument used in the motion is that the ‘imprecise language’ and ‘sarcastic, hyperbolic’ tone of Boeheim’s language negate any possibility of a factual assertion. Both the sarcasm within the statement ‘So, are we supposed to what? Stop the presses 26 years later?’ and the hyperbolic nature of the statement ‘a bunch of a thousand lies he has told’ express an opinion, according to court papers.

The papers additionally reference Second Circuit Judge Robert Sack, a recognized authority on defamation suits, to draw the distinction between name-calling and defaming statements. Sack said that common law tradition combined with constitutional principles legally protect the use of epithets, insults, name-calling and hyperboles.

Boeheim’s own belief that the plaintiffs were not truthful is not ‘capable of being proven true or false,’ another indication that he was not stating facts, lawyers said. His statements were expressions of doubt regarding his past association with Fine and his lack of any memory of Davis in a hotel room, according to the papers.

The papers were signed by lawyers Andrew Levine of Debevoise & Plimpton LLP, Timothy Murphy of Hancock Estabrook LLP and C. James Zeszutek of Dinsmore & Shohl LLP. Zeszutek could not be immediately reached for comment.

Gloria Allred, the attorney representing Davis and Lang, filed an affidavit last week claiming Fine’s wife, Laurie, had sexual relations with former SU basketball players. Allred sought the names and addresses of the players from 1993-97 in an effort to keep the venue of the case in New York City as opposed to Onondaga County, where Boeheim and Davis reside.

Allred was not available for comment regarding the defense’s motion to dismiss the case.

Fine, who was fired from the university Nov. 27, has denied the allegations and has not been charged. Federal agents and the Syracuse Police Department continue to investigate.

meltagou@syr.edu 

Published on February 8, 2012 at 12:00 pm

Contact Marwa: meltagou@syr.edu | @marwaeltagouri