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Pandora's Palace

NBA fight in Detroit opens door to numerous legal risks for all involved

Posted: Tuesday November 23, 2004 12:12PM; Updated: Tuesday November 23, 2004 3:00PM
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In the wake of last Friday's fight between the Pacers and Pistons' fans in Detroit, SI.com asked associate editor and legal analyst Lester Munson to assess the legal ramifications of the incident.

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SI.com: What sort of legal problems do Ron Artest and his suspended teammates face?

Lester Munson: Any player who went into the stands is very likely to face criminal charges. It could be viewed as felony-level assault because of NBA rules prohibiting players from going in the stands and because there may be some serious injuries. Of course, any fan who left the stands and went on the floor could be charged with assault or other crimes, too. If a fan went on to the court and it appeared that they were going after a player, whether they connected with him or not, that would constitute assault. And if they actually hit a player, they would face a more serious level of assault. The guy on the floor who may have been looking for a piece of Artest might fall into this category.

Verbal threats, though, do not result in any criminal liability. Anything anybody says, if it's racist, if it's profane, those kinds of statements are virtually meaningless in the legal system.

The punches that were thrown, whether they connected or they missed, is what the prosecutor in Detroit will be looking for.

SI.com: What sort of penalties are the players and fans facing?

LM: It depends on their past records. If somebody has a criminal record, then he could go to jail for a short period of time for being in a brawl like this. If you have a clean record, then it's a probationary offense with, perhaps, a modest fine.

SI.com: Is it safe to assume that a number of civil lawsuits will arise out of this incident?

LM: Yes, by fans who were attacked by Artest, Stephen Jackson, Jermaine O'Neal and anyone else who got into the stands. The civil lawsuits will start coming in a week or so, and we can expect at least a dozen different cases. But the fans in these civil suits appear to have good cases based on the players coming into the stands. The cases will hinge on the nature and extent of injuries suffered. Is it a serious injury? Could they not work? Are they disabled in any way? Those questions will determine the level of settlement.

SI.com: Can Artest or the players that were hit by fans once they were in the stands argue they were fighting in self-defense?

LM: No, that's not going to help them in the least. The significant event legally is the act of going into the stands. All that follows after that remains the responsibility of the player who goes into the stands. The legal term is proximate cause. That describes what the single factor that is the most important -- which, in this case, is Artest and the others going into the stands.

SI.com: Can Jackson make a case that he went into the stands to protect Artest?

LM: No, you cannot go into the stands. It's absolute liability. Once you go into the stands you are toast in the legal system. Just by custom, practice, protocol and rule, players should not go into the stands. Commissioners have come down hard on that in all sports. If a fan is tormenting you, you go to the coach, you go to the home team, you tell the security this guy is profane and they'll remove him.

SI.com: Is the fan who threw the now infamous cup which helped ignite the fracas at risk of being charged for that act?

LM: He has no liability either criminally or civilly. It was a dumb thing to do and he could be banned from the arena for life very easily, but I don't see that he is in trouble with the police. I don't see where anybody has any criminal or civil charge to make against him.

SI.com: So a cup of ice cannot be construed as a dangerous object when hurled from the stands?

LM: No, I don't see that becoming any big legal issue.

Chuck Person; Ron Artest
Ron Artest opened himself up to a host of legal challenges by jumping into the stands last Friday in Detroit.
Allen Einstein/NBAE via Getty Images

SI.com: Would a fan who hit a player in the stands who was trying to break up the fight be liable?

LM: Perhaps. If the player could prove he was acting as a peacemaker. If a fan goes after a peacemaker in the stands, then that could be construed as assault, although that would be a difficult case to make, unless you have something clear-cut on the video. But if it's just from testimony, I don't see it as something you can prove beyond a reasonable doubt.

SI.com: How long will this all take to play out?

LM: The prosecutor in Detroit should be able to decide on any criminal charges in two or three weeks. Civil lawsuits will start coming in a week or so and they will take a year-and-a-half to two years before they are resolved.

SI.com: On what will the authorities be basing their decisions?

LM: The videotapes and the interviews. The NBA has conducted interviews of everybody; they will be transcribed and all the lawyers involved will be able to get hold of those. The prosecutor's office and other lawyers will also have their own investigators interviewing people. I'm sure plaintiffs lawyers in Detroit are busy chasing people down to get them signed up.

SI.com: What liability do the Pistons have in this?

LM: A typical fan's lawsuit would target, for example, Artest and also name the Pistons as the operators of the arena for having improper security and not protecting the fan from the irate player. A plaintiff would sue anybody they could find and then try to reach a settlement with contributions from all the people they've sued.

In the situation where the Dodgers went into Wrigley Field after the fans a few years ago, the fans who filed suits collected substantial settlements from the Dodgers and from the Cubs as operators of Wrigley Field, even though no Cubs went into the stands.

SI.com: Can the Pistons argue that the level of security at the game was standard throughout the NBA?

LM: They would argue that and they would also be looking for a way to settle any lawsuits without the cases going too far.

SI.com: Might the Pistons have insurance to cover this sort of incident?

LM: They might. I would guess that the Pistons have a general liability policy that would cover them for any claims resulting from any improper supervision of the arena or improper security.

SI.com: Might Ben Wallace be at any risk for his role in helping set the mood that started the melee?

No. His actions were part of the game. He'll serve his suspension and be done with this.

SI.com: How does the player appeals process of the suspensions work?

LM: It's a legal procedure. They first appeal to Stern; he refuses the appeal -- that will happen very quickly. Then they'll ask for arbitration. If arbitration is granted, the player will come in with his own lawyer and will present his case to the arbitrator on why the suspension is too long and is unfair.

This happened in the Latrell Sprewell case and he won his appeal. He had been suspended for almost an entire year and his contract had been cancelled, but he won a reduction of his suspension and he got his contract back.

SI.com: What will the players argue?

LM: That the fines are excessive and that they are beyond and in violation of previous patterns of suspensions decided by the league. They would use the Vernon Maxwell and Dennis Rodman cases as examples of 10- and 11-game suspensions and that these punishments are a quantum leap above those. They would say that the league has singled them out and been unfair to them.

I don't think Artest has much of a chance but the other two might have a chance to reduce their penalties.

Sports Illustrated legal analyst Lester Munson regularly Holds Court on sports law and business matters on SI.com.

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