By Joseph M. Ricco IV
An Oklahoma football fan has filed a lawsuit against an Alabama player, alleging he was struck in the head during a post-game field storming. The fan, identified as high school senior Holden Moxley, claims the incident was an “unprovoked attack” that left him with a concussion. The lawsuit names Alabama freshman Dre Kirkpatrick Jr., the son of former NFL cornerback Dre Kirkpatrick, as the defendant and seeks both actual and punitive damages. This article examines the details of the complaint, features insights from a sports law expert, and considers the potential consequences this case could have on fan safety and player accountability.
Details of the Incident
The lawsuit centers on an incident during a post-game field storming at an Oklahoma football game, where thousands of fans rushed onto the field following the Sooners’ victory over Alabama. According to the complaint, Holden Moxley, an 18-year-old high school senior, was attempting to take a selfie when he was struck in the back of the head by Alabama freshman Dre Kirkpatrick Jr. Moxley claims the hit was unprovoked, and the impact caused him to suffer a concussion. The lawsuit alleges that Kirkpatrick’s actions were reckless and endangered Moxley, who was taken to the hospital for treatment after the incident.
Dre Kirkpatrick Jr. is the son of D’Andre Lawan “Dre” Kirkpatrick, a former professional football player who spent ten seasons in the National Football League. Kirkpatrick Sr. played college football at the University of Alabama and was selected by the Cincinnati Bengals in the first round of the 2012 NFL draft. His experience and legacy in professional football add another layer of scrutiny to the allegations against his son.
Filed by Oklahoma attorney Mark Hammons, the complaint seeks both actual and punitive damages, claiming that the player’s behavior was unjustifiable under any circumstances. Hammons has emphasized that Moxley was not acting aggressively or interacting with the player prior to the alleged strike. Although police were informed of the incident, no criminal charges are expected due to the chaotic nature of the field storming and the restricted access rules in place for the area. The University of Alabama is not named in the lawsuit, and its athletics department has not issued a public comment on the matter.
Expert Analysis
Gil Fried, a professor and Associate Dean of Academics and Accreditation at the Lewis Bear Jr. College of Business at the University of West Florida, weighed in on the legal and safety complexities surrounding the lawsuit. With extensive experience in sports law and risk management, Fried offered insights into the responsibilities of institutions and individuals in situations like this. He highlighted how the case raises significant questions about player conduct, fan safety, and institutional accountability in collegiate sports.
One of the key points Fried emphasized was the potential liability of the University of Alabama, despite not being named in the lawsuit. “Alabama’s potential liability could include negligent training and negligent supervision,” Fried stated. He explained that the athletic department or coaching staff could be held responsible for failing to prepare players for foreseeable scenarios like a field storming. Fried argued that such training could mitigate overreactions, particularly if a player has a history of aggressive behavior. While this legal claim is more common in employment cases, Fried noted that courts increasingly view student-athletes as employees, opening the door to such arguments.
Fried also addressed the legal implications of Moxley’s status as a trespasser during the field storming. “A ticket provides a limited license to the venue and can be revoked at any time,” Fried said. He explained that courts are likely to view field access as restricted, citing the importance of protecting players and staff from potential harm. Fried added that the broader risks associated with fan behavior, including injuries from stampedes or falling goalposts, underscore the need for stricter enforcement of field access policies. Reflecting on incidents from previous years, he suggested that universities and conferences might need to implement harsher penalties for field storming to ensure safety and accountability on both sides.
Fan Safety and Player Accountability
The outcome of this lawsuit could have significant implications for how universities, athletic departments, and players approach field storming and crowd management. If the court rules in favor of Holden Moxley, universities may face pressure to implement stricter security measures to protect both fans and athletes. Enhanced training for players on how to respond during chaotic post-game events might also become a priority, especially as courts increasingly recognize student-athletes’ responsibilities in such scenarios. Additionally, schools could explore harsher penalties for field storming, such as lifetime stadium bans or heightened fines, to discourage behavior that creates unsafe environments.
On the other hand, the case also places a spotlight on player accountability. While chaotic situations can elicit unpredictable responses, players are expected to maintain a level of restraint, even under stress. A ruling against Dre Kirkpatrick Jr. could set a precedent for holding athletes legally responsible for their conduct during such incidents. This case serves as a reminder that collegiate sports exist within a framework of rules and responsibilities that extend beyond the field. Whether through stricter policies, increased training, or legal repercussions, the need for a balanced approach to fan safety and player conduct will likely shape how universities handle similar situations in the future.
Joseph M. Ricco IV is a junior sport management and government double major at the University of Texas at Austin. Joseph is actively involved as a Texas Longhorns football recruiting operations intern and currently works with Pro Football Focus as a data collector. He also has experience as a training camp operations intern with the Kansas City Chiefs. Joseph aims to leverage his sports management and legal knowledge to pursue a career in football administration.
References
Clay, N. (2024, November 28). Ou fan sues Alabama player over alleged “unprovoked attack” during field storming. The Oklahoman. https://www.oklahoman.com/story/news/2024/11/28/ou-football-vs-alabama-storming-field-lawsuit-dre-kirkpatrick/76628705007/
Dre Kirkpatrick stats, height, weight, position, draft, college. Pro Football Reference. (n.d.). https://www.pro-football-reference.com/players/K/KirkDr00.htm
