Pittsburgh Post-Gazette

Cal U claims immunity to lawsuit in man’s beating

- By Paula Reed Ward

Pittsburgh Post-Gazette

An official with the state attorney general’s office argued Tuesday before Commonweal­th Court that California University of Pennsylvan­ia cannot be sued for negligence by a man who was severely beaten in 2014 by a group of the school’s football players.

Deputy Attorney General Anthony Kovalchick, appearing in a Pittsburgh courtroom on behalf of the state-owned university, argued that the legal concept of sovereign immunity protects the school from the claims of Lewis Campbell III.

Under the concept of sovereign immunity, an entity or employee of the state is immune from civil liability when acting under the scope of his employment, unless one of nine exceptions in Pennsylvan­ia law is met.

Mr. Campbell alleged in a suit filed in Washington County against the university and its athletic director, Karen Hjerpe, that the school’s “win-at-all-costs” mentality with regard to its football team led it to recruit players dismissed by other schools for criminal violations and disciplina­ry problems, and that by doing so, it posed a danger to those living in the community.

Washington County Common Pleas Judge Katherine B. Emery

dismissed Mr. Campbell’s claims for negligence and institutio­nal negligence after the university claimed it was protected by sovereign immunity because its recruitmen­t process was part of the school’s responsibi­lities as a state entity.

“While it can be argued that recruiting high risk players was ‘questionab­le,’ the act of recruiting players, alone, was certainly within the employment responsibi­lities of each defendant and was executed in furtheranc­e of the employer’s interest,” she wrote.

Mr. Campbell appealed to the Commonweal­th Court, arguing that “this win-at-allcosts mentality was not a power enumerated to the university by the statute which enables state universiti­es to act as a member of the commonweal­th.”

In addition, Mr. Campbell’s attorney, William Rush of Reading, alleged that Ms. Hjerpe’s conduct in supervisin­g the team did not serve the university and was not within the scope of her state employment. Therefore, he said, it should not be protected by sovereign immunity. Mr. Kovalchick argued that Judge Emery’s decision should be affirmed because none of the allegation­s by Mr. Campbell would fall under any of the exceptions to immunity spelled out in the law.

Recruiting football players falls under the university’s mission, he wrote in his brief, and Ms. Hjerpe’s actions fell under her scope of employment.

Further, Mr. Kovalchick wrote that neither the university nor Ms. Herjpe owed Mr. Campbell any duty of care, since the attack happened off campus and at the hand of “five individual­s who happened to be members of the University’s football team” and were not under school supervisio­n at the time.

The case was scheduled for argument before a threejudge panel of the Commonweal­th Court on Tuesday. However, Judge P. Kevin Brobson noted at the beginning of the session that Mr. Rush reported to the wrong location and would not be present for the argument.

Mr. Campbell was attacked while walking near Spuds restaurant on Wood Street near campus on Oct. 30, 2014. Police said the altercatio­n began after one of the players, Corey Ford, made a derogatory statement to Mr. Campbell’s girlfriend, Shareese Asparagus.

Mr. Campbell said he was struck in the right side of his head, fell to the ground and lost consciousn­ess.

As the players left the scene, the lawsuit said, they chanted “football strong.”

Mr. Campbell remained in a Pittsburgh hospital for several days in a medically induced coma.

Police charged Ford, as well as D’Andre Dunkley, Shelby Wilkerson, Jonathan Barlow and Rodney Gillin.

Charges against James Williamson were dismissed.

Ford, 25, pleaded no contest to aggravated assault and was ordered to serve 23 months in prison. The other defendants all pleaded guilty in July 2016 to simple assault and were ordered to serve 18 months probation.

“To be blunt, the university’s football team was completely out of control, and Dr. Hjerpe oversaw a program which turned a blind eye and provided no supervisio­n to players who consistent­ly acted in a manner which demonstrat­ed the need for intense supervisio­n,” Mr. Rush wrote in court filings.

A report commission­ed by the university after the attack concluded that the school created “a dangerous football culture by placing a dangerousl­y high premium on winning, isolating the team from campus and contacting police in attempt to defer legal proceeding­s against members of the team” according to Mr. Campbell’s lawsuit.

The report found that over a 27-month period, football players were either arrested or cited 43 times, the complaint alleged.

 ??  ?? Lewis Campbell III during a 2014 interview.
Lewis Campbell III during a 2014 interview.

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