SU band hazing victim sues school
November 10, 2009
Southern University marching band hazing victim Marcus Heath of Georgia and his mother, Marilyn, are suing the college for liability in last year’s off-campus initiation event.
Heath and two other freshman band mates were struck repeatedly with 2-by-4-inch boards during initiation in an off-campus East Baton Rouge Parish residence prior to last year’s Bayou Classic football game, according to arrest records.
Heath and one other fellow French horn player were hospitalized with life-threatening injuries and later released, police documents stated. The third victim withdrew from the hazing before injuries escalated.
The lawsuit filed in East Baton Rouge Parish claims Heath was “treated for organ failure and other injuries” and that he “underwent numerous instances of hazing.”
The lawsuit contends the Southern band “has a long history and tradition of hazing new band members, which tradition was known to the Southern University administration.” Southern leaders “knew or should have known of the hazing and had a duty or had assumed the duty and obligation to prevent the hazing and physical and mental abuse from occurring,” according to the suit.
The Heaths are seeking financial damages for “pain and suffering, mental anguish and distress” and more. They also want medical expenses and other damages covered.
All seven former band students arrested in the matter have pleaded no contest to criminal conspiracy to commit second-degree battery and misdemeanor hazing.
They all received probation – not prison time – that includes performing 100 hours of community service, writing a 500-word essay on the dangers of hazing and penning a 500-word report on a hazing death elsewhere.
At least two of the seven on probation – Lagarian Bridgewater of Baton Rouge and Jeremy Dixon of Natchez, Miss. – have been allowed to return to Southern as students, but not as members of the band.
East Baton Rouge Parish District Attorney Hillar Moore III said in May that their victims did not want their assailants to receive prison time. A no-contest plea has the same effect as a guilty plea in criminal court but cannot be used as an admission of guilt in civil court.
The Heaths’ attorney, Charles “Chick” Moore of Baton Rouge, did not return a phone message seeking comment.
Lawsuit subpoenas at Southern were served to Southern Chancellor Kofi Lomotey and Southern Board of Supervisors Chairman Tony Clayton of Port Allen. The lawsuit is officially against the Southern Board.
“It’s my understanding that this event did not take place on campus, so I see no liability on the part of the university,” said Clayton, who is a criminal prosecutor.
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