Trumaine Johnson, the starting point guard on USD’s 2008 NCAA Tournament team, filed a lawsuit on March 9 against the University of San Diego, accusing the institution of racial discrimination and racial profiling. The suit also targets USD basketball coach Bill Grier, accusing him of unfairly suspending Johnson on two occasions and making false statements about the reasons for the suspensions.
The complaint “seeks declaratory, injunctive and monetary relief against the University of San Diego and its employees for engaging in and condoning a continuing pattern and practice of racial discrimination, racial profiling, detentions and searches of African American students on the campus.”
The San Diego Police Department is mentioned as conspiring to violate the civil and constitutional rights of Johnson by agreeing with USD Public Safety to falsely arrest Johnson for an incident in February 2009.
The class action lawsuit states that it is on behalf of African Americans “who have been and will be subjected to the humiliation of being targeted, harassed, interrogated, detained, searched and wrongfully accused of crime” by USD and SDPD. Two specific incidents are cited in the lawsuit. First, in December 2008 Johnson was accused of kicking a white student’s car after witnesses had “seen a group of black basketball players walking near the white student’s vandalized car at some point.” Johnson was suspended by Coach Grier for eight games following the incident; however a later investigation proved that the footprint on the car did not match Johnson’s.
Johnson claims Coach Grier defamed him by announcing that he had been suspended for “behavior unbecoming of a USD student athlete.”
Second, on Feb. 8, 2009, Johnson was allegedly “unlawfully stopped, racially profiled, tackled to the ground, kneed in the back, pepper sprayed in the face and then wrongfully arrested” by Public Safety officer Jason Baker. According to the lawsuit, Johnson begged for medical attention but Baker refused to provide him with water to flush his burning eyes. Baker claims Johnson assaulted him and Johnson was arrested by San Diego police. USD basketball player Matt Dorr witnessed the event and disputes Baker’s version of the story.
According to the lawsuit, Dorr attempted to have several SDPD officers take his statement but they refused. A USD professor who had caught part of the incident on tape made the same request but was also refused.
When the professor went to the police station, the officers denied him admission and refused to take his statement. Dorr would later make a statement at the station, but his statement was absent from the police report.
The lawsuit claims that Baker “fabricated events to justify the unlawful attack he had just perpetrated.” Assistant Vice President for Public Safety, Larry Barnett, would not comment as to whether or not Baker still works on campus.
On Feb. 18, 2009, Johnson was again suspended for violating undisclosed team rules. By the end of the month, Grier announced that Johnson would not return to the team. At the time, Johnson told the San Diego Union-Tribune that the first suspension was for “missing class twice” and that the second suspension was for a minor rules infraction.
The Union-Tribune has since reported that according to Johnson’s lawyer, Mary Frances Provost, Johnson made those comments and did not take legal action until now because he was “scared” of retaliation and “didn’t want to make waves,” as he was seeking to transfer schools.
Johnson and Dorr filed complaints with USD, claiming Baker’s attack was racially motivated. USD’s Affirmative Action Director Charles Batey rejected the complaint.
The lawsuit lists six crimes that took place the same day of the alleged assault. The crimes include weapons possession, marijuana possession, battery, public intoxication and a minor possessing alcohol. The lawsuit mentions that none of the students involved in the crimes were African American and that none of the students were arrested.
The lawsuit discusses instances of USD’s “failure to promote diversity.” In 1990, representatives of the Irvine Foundation, a non-profit organization devoted to promoting social equality, declared that USD was a “homogenous school in dire need of funding to expand diversity.”
According to the lawsuit, USD was “so homogenous that there was a possibility the school would lose accredatation.” The suit further claims that by 2000, “hate crimes were rampant on campus and regularly reported on the news.” In 2009, black students made up just over two percent of USD’s student population.
In attempts to contact President Mary Lyons in person, the Office of the President informed The Vista that Lyons was away on travel. Through email, however, Lyons offered no comment, citing pending litigation involving the university. Messages left on Coach Grier’s voice mailbox last Friday have not been answered as of this publication’s printing.
The Vista spoke with Chief Larry Barnett at his daily “Coffee with the Chief,” a forum to discuss campus safety concerns. Barnett took questions but refrained from commenting at this time, instead referring The Vista to USD’s General Counsel, Kelly Douglas.
In The Vista’s attempt to contact Douglas in person, the General Counsel office informed The Vista that she was in a meeting. Later, Douglas offered no comment and referred The Vista to Pamela Gray, representative of USD public relations.
Gray also gave no comment, per University policy during a pending litigation.
Johnson is currently enrolled at Saint Mary’s College, the same school to which former USD basketball player Rob Jones transferred. Along with Jones, Johnson should be eligible to play basketball again next season. Saint Mary’s and USD are both in the West Coast Conference.
