Chaz Ramsey sues two former AU employees

Hey everyone. We have some news on the Chaz Ramsey front, albeit from one side of the dispute.

Ramsey's lawyer, Steve Heninger of Birmingham, filed a complaint today in federal court (Birmingham) against former Auburn assistant coach Hugh Nall and former trainer Arnold Gamber.

Nall and Gamber left the program soon after Tommy Tuberville's resignation in December.

UPDATE: I spoke with the court clerk in Birmingham and confirmed this information.

UPDATE II: I spoke with Heninger a short time ago. Here are some things he shared with me.

• Ramsey initially injured his back around the time of the 2007 Peach Bowl.
  
  
• Ramsey first stuck with therapy. When that didn't work, he had a minimally invasive procedure (hemilaminectomy) to relieve the pain. That was on April 21, 2008. Heninger said Ramsey's doctor had no reservations about the player's ability to return to varsity action after a period of 90 days.
  
  
• Heninger said Nall and Gamber began making rigorous physical demands in May.
  
  
• Heninger said Ramsey re-injured his back during a workout on June 2, 2008. That injury, Heninger claims, eventually required an invasive surgery that ended Ramsey's football career.
  
  
• ``The coaches and Arnold Gamber knew about Chaz's injury. They knew what he could and couldn't do. They ignored that and forced Chaz to participate in exercises that ultimately cost him his career."
  
  
• Ramsey's orthopedist was Stanley Faulkner of St. Vincent's East in Birmingham. Ramsey was referred to Faulkner by Mike Goodlett, Auburn's team physician.
  
  
• NEW @ 4:10 p.m. On June 3, 2008, Goodlett made a note on Ramsey's medical chart that said: ``My extreme displeasure over the fact that Chaz was allowed to do weight-room activities on 6/2/08 was voiced at length to Arnold Gamber ..."
  
  
• NEW @ 4:15 p.m. Once Faulkner intervened and demanded that all weightlifting activity stop immediately (on 8/28/08), the complaint alleges, Ramsey was "humiliated and had his manhood called into question by his offensive line coach, Hugh Nall. A systematic pursuit was undertaken to embarrass and harass (Ramsey) because of his refusal to engage in drills ..."
  
  
• NEW @ 4:25 p.m. Ramsey underwent a second procedure, this one more invasive, on Jan. 21, 2009. That day, Goodlett petitioned the Southeastern Conference to grant Ramsey a (lifetime) medical exemption. A portion read: ``It is our fear that that continued participation in intercollegiate football would lead to further surgery and and possible long-term sequelae."
  
  
• NEW @ 4:35 p.m.
  Here are the six accusations ("counts") made:
  
  
  • Negligence. Ramsey believes Gamber and Nall's actions put him at increased risk for re-injury, which occurred. Ramsey asserts that both men acted beyond their scope of authority by forcing him to prematurely engage in rigorous drills.
    
    
  • Wantonness. Similar to the negligence claim.
    
    
  • Interference with the physician/patient relationship. Alleges that Gamber/Nall "acted intentionally in bad faith, willfully, maliciously and beyond the scope of their individual and collective authority" to undermine Faulkner's orders.
    
    
  • Outrageous conduct. Alleges that Gamber/Nall "committed outrageous conduct by intentionally inflicting severe emotional distress upon (Ramsey)."
    
    
  • Civil conspiracy. Alleges that Gamber/Nall cooperated ``with each other and with others in the Auburn football program yet unknown to embark on the course of tortious and injurious conduct."
    
    
  • Violation of civil rights. Alleges that Gamber/Nall violated Ramsey's right to "health, well-being and pursuit of happiness" by interfering with Faulkner's prescribed course of action.

Here are some things Heninger said on WJOX's "The Roundtable" show:


• On why Auburn cannot be sued: ``They have sovereign immunity. Any state institute cannot be sued for negligence or gross negligence or anything like that. You can sue an agent or employee of the state if that agent acts beyond the scope of his actual authority. When you have restrictions, you can't go beyond that authority and do what you think should be done."
  
  
• Heninger said Ramsey was ``intimidated" into doing weight drills and line drills: ``The phrase `man up' was used a lot."
  
  
• ``(Nall) got the team together and told them: `Stay away from Chaz Ramsey. He's not a man.' His locker was cleaned out. His meal ticket was taken. They did everything they could to intimidate him."
  
  
• Heninger expects this case to go to trial next summer.
  
  
• Heninger believes Auburn's lawyers will play a role in defending Gamber and Nall, which will create the illusion that Auburn is involved: ``It's really not."
  
  
• In the interim, he's planning to take depositions from a lot of people involved in the Tigers' program: ``I've got to take a deposition from Coach Tuberville and a lot of assistant coaches to find out: How high did the orders come down from? From the evidence I've seen, it's Hugh Nall and Gamber.