A federal judge from the Eastern District of Michigan has dismissed the claim of a man, who alleged that former NBA star Allen Iverson enlisted a friend to assault the man after an altercation at a nightclub.
In sum, the court found that co-defendant Antwaun Clisby was not directed by Iverson to hit Guy Walker, nor was he part of Iverson’s security detail that was hired that night to protect Iverson.
The impetus for the litigation was an altercation at a Detroit nightclub on April 11, 2009.
That night, Iverson employed the current Detroit Police Chief, Ralph Godbee Jr., and another off-duty police officer, Jose Hardrick, to provide security services for him while he was at South Beach Pizza Bar.
Clisby and another friend also accompanied Iverson to the nightclub, but as friends, not as part of the security team. Clisby and Iverson had been friends since the early 1990s. Clisby has never been an Iverson employee. Walker, the plaintiff, attended the nightclub as well. He was there with his fiance for a birthday celebration for her twin brothers. Both the Iverson party and the Walker party sat in the VIP section.
At one point during the night, Walker’s fiancé sought a picture with Iverson. After taking one, she sought another picture because Iverson had turned his head. But Clisby advised her that Iverson did not want her to take another picture.
Shortly thereafter, Iverson allegedly began “flashing two giant stacks of money.” Some witnesses suggested that Walker’s fiancé saw this and looked at him disapprovingly. From a distance, Iverson allegedly began mouthing a derogatory term at the woman.
Minutes later, Clisby slugged the plaintiff. In response to the incident, Walker alleged that he suffered physical and emotional injuries. He filed state-law tort claims – assault and battery, intentional infliction of emotional distress, negligent supervision and civil conspiracy – that were based on his allegations that Clisby was acting as Iverson’s agent when he assaulted him, and that Clisby and Iverson conspired to commit an assault and battery on him. Iverson moved for summary judgment, spawning the instant opinion.
Prominent in the court’s final determination was the plaintiff’s admission that Iverson “did not threaten, touch, or physically harm him.”
Further, “there is no evidence that defendant Iverson assaulted or battered the plaintiff, that defendant Clisby was acting as his employee or agent at the time he assaulted the plaintiff, or that defendant Iverson conspired with defendant Clisby to commit an assault and battery on the plaintiff.”
Guy V. Walker, Jr., v. Iverson, et al.; E.D. Mich.; Case No. 10-10428, 2011 U.S. Dist. LEXIS 131563’ 11/15/11
Attorneys of record: (for plaintiff) Edward G. Watson, Watson & Moran, LLC, Landover, MD; Gregory L. Lattimer, Law Offices of Gregory L. Lattimer, Washington, DC; James B. Rasor, Rasor Law Firm, Royal Oak, MI. (for defendant) Michael S. Cafferty, Michael S. Cafferty & Assoc., Detroit, MI.
