Roburt Sallie has filed a complaint against the Spanish Basketball Federation (FEB) and Club Basquet Tarragona alleging that through their actions, they have caused him harm in his profession.
The complaint, filed in the Federal Court for the District of Colorado, lists six claims for relief including false light, slander, libel, intentional infliction of emotional distress, and negligence. The complaint also includes a prayer for relief and a demand for trial by jury.
The lawsuit is based on the defendant’s alleged conduct, which led to a worldwide dissemination of false and defamatory statements about Sallie. Sallie is represented by Daniel Feder and Oleg Albert of The Law Offices of Daniel Feder, and Bradley Levin of Roberts Levin Rosenberg.
The FEB promulgates rules and policies for professional basketball clubs throughout Spain, including, but not limited to, such issues as payment for services, and testing for performance enhancing substances. The FEB is considered one of the premier professional leagues in the world, surpassed only by the NBA in worldwide recognition and compensation rates to players. C.B. Tarragona is a professional basketball club and a member of the Liga Espanola de Baloncesto, which is run by the FEB, and therefore subject to adhere to its rules and regulations.
According to the complaint, Sallie was, and currently is, a professional basketball player who “gained national acclaim during the 2009 NCAA Basketball Tournament (‘March Madness’) playing for the University of Memphis. As a member of the 2009 NCAA Tournament Memphis Tigers Men’s Basketball team, Plaintiff set a school record with 10 three-point field goals in one game and most three-point field goals in NCAA Tournament history by a Memphis Tiger. Further, Plaintiff holds the career record for three-point field goal percentage as a Memphis Tiger.”
Following the conclusion of his amateur career, Sallie became a professional basketball player and sought employment as such. In September 2011, a sports agent approached Sallie with an offer to play professional basketball in Spain. As stated in the complaint, “the contract was with Tarragona, and was negotiated to last one year.”
Sallie began playing for Tarragona that same month, and was the team’s second leading scorer. On November 18, 2011 Tarragona administered a random doping test on Sallie and another athlete, pursuant to FEB policies. According to his attorney’s, the results of the test came back negative, and therefore Sallie was not found to have consumed a banned substance.
Just prior to the test, Sallie completed a form that required him to list any substances or medications that he was taking that were not already known to the team physician. Sallie completed the form, listing DayQuil and an “unknown pill.”
The “unknown pill” referred to an all-natural male enhancement pill that Sallie had been offered the previous day by a teammate. As noted in the complaint, “when filling out the form, Plaintiff did not recall the name of the pill, but was certain it was not ExtenZe. As such, in an effort to fully disclose, Plaintiff listed ‘unknown pill.’”
Sallie alleges that he was later approached by the team doctor and asked what substance he took that was listed as “unknown pill” on the aforementioned form. Sallie responded that he did not know. Sallie was later informed by a team employee that he might be cut from the team in connection with the November 2011 banned substance test.
Sallie was then asked by Tarragona if he had consumed ExtenZe, a male enhancement pill that contains dehydroepiandrosterone (DHEA), a banned substance in many professional sports, including the FEB. Sallie denied taking ExtenZe, claiming that he had taken Black Ant instead. Black Ant is an all-natural male enhancement pill that does not contain DHEA or other banned substances.
However, in February 2012, Tarragona and the FEB disseminated a story alleging that Sallie was cut from Tarragona because he has consumed ExtenZe. Soon after, the story went “viral” and appeared on numerous websites that were accessible to over a hundred million people worldwide.
Sallie maintains that he has never consumed ExtenZe, and also claims to have “secured a letter from Liga Espanola de Baloncesto stating that the doping test from November 18, 2011, did not show that anyone playing for Tarragona had taken any substance beyond the limits of the league’s policies.”
According to his attorney Daniel Feder, “Sallie never took the banned substance or ExtenZe. FEB’s and Tarragona’s actions have damaged Sallie’s reputation by falsely alleging that he consumes banned substances.”
Sallie is seeking injunctive relief and damages from the FEB and Tarragona.
