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Players Shot at Duquesne Sue School for Negligence

Tuesday, June 24, 2008

Two former Duquesne basketball players have sued the school over a 2006 shooting that injured them and three teammates.

Kojo Mensah and Shawn James accuse the university of not providing adequate security at an on-campus dance after which they and three teammates were shot, according to federal lawsuits filed yesterday.

The players filed separate but nearly identical lawsuits in U.S. District Court in Pittsburgh. They allege the university could have prevented the September 2006 shooting by keeping out non-students and by providing better security. The two are seeking unspecified punitive damages.

Mensah, a guard who was shot in the shoulder and arm, and James, a center who was shot in the foot, also accused Coach Ron Everhart of forcing them to practice, work out and play before they had recovered from their injuries. James specifically claims Everhart forced him to remove a therapeutic boot from his injured foot during practice.

"This occurred on multiple occasions," according to the lawsuit, which also alleges that as a result Mensah and James have "suffered severe and permanent physical injuries, as well as severe emotional distress."

Duquesne declined to comment on the lawsuits. Frederick Bode, the university's attorney, did not immediately return a call seeking comment.

According to the lawsuits, the university should be held negligent in the shooting because a then-Duquesne student had asked a security guard at the door if her friends would be frisked upon entering the dance. The guard failed to alert authorities and allowed the men to enter, according to the lawsuit.

After the dance, one of those men became upset when a woman with them flirted with the players. An argument ensued and two gunmen opened fire after the athletes had turned to walk away.

Sam Ashaolu, Aaron Jackson and Stuard Baldonado also were players injured in the shooting.

In October, gunman William B. Holmes II pleaded guilty to the shootings and was sentenced to up to 40 years in prison. Derek Lee also was sentenced to up to 14 years in prison for his role.

-- From News Services

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