ORLANDO, Fla. (AP) — Attorneys for Florida A&M University on Wednesday asked a judge to dismiss a lawsuit brought by the family of a drum major who died last year after being hazed by fellow band members, claiming Robert Champion was a willing participant in the ritual.
University attorney Richard Mitchell said Champion wasn’t forced to board a bus parked outside an Orlando hotel where the hazing took place. He was an adult able to make his own decisions at age 26, and he had risen through the ranks of the famed Marching 100 band without taking part in hazing until that fateful night in November 2011, Mitchell said.
Champion’s willingness to take part in an illegal act gives the university immunity from the wrongful death lawsuit, Mitchell said.
“Robert Champion knew exactly what he was doing,” he said. “If Mr. Champion had not gotten on that bus, he would not have been hazed.”
Circuit Judge Walter Komanski didn’t immediately issue a ruling.
Champion’s parents filed a lawsuit contending university officials did not take action to stop hazing even though a school dean had proposed suspending the Marching 100 band just days before their son died. The lawsuit also alleges that school officials fell short in enforcing anti-hazing policies.
An attorney for Champion’s family asked the judge to allow a jury to decide who was responsible for Champion’s death.
“A jury needs to decide how to allocate responsibility for the death of Mr. Champion,” said lawyer Kenneth Bell. “Please allow that to be heard.”
Champion’s parents, Robert and Pamela Champion of Decatur, Ga., rejected a $300,000 settlement offer from the university earlier this month. An attorney for the family, Chris Chestnut, said no further talks are taking place.
Ten FAMU band members face felony hazing charges in the case, while two others face misdemeanor counts. They have pleaded not guilty. Hazing that involves bodily harm is a third-degree felony in Florida.
“This is a commonsense case. It’s complex but common sense,” Chestnut said after the hearing. “There is a clear history of hazing at FAMU. ”
Champion’s parents also are suing the bus company that operated the bus on which the hazing took place, as well as its driver. An attorney for the bus driver said her duty to protect the students ended when she dropped them off at the hotel.
An attorney for the bus company told the judge that Champion’s participation relieved them of liability.
“It is not an issue of whether he was a participant in hazing,” said Dick Ford, an attorney for Fabulous Coach Lines. “He certainly was a participant in hazing.”
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This Week’s Celebrity Instagrams (11/26-12/2)
30 photos Launch gallery
1. Little Legend and Puddy 😍😍😍😍
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2. "You on point Phife?" "all the time,Tip". 💥 #bannedfromnormal
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3. Vegan! The Impossible burger at Crossroads
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4. Lawrence #BeforeandAfterEpisodes 1-4: 184lbs 13% body fatEpisode 8: 196lbs 8% body fat S/O @coachdaveboxing with the works outs and @kildareriordan with the nutrition
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5. Jus haaaanngin out
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6. Meanwhile back at home in Atlanta GA someone mad they not on the 🛳. 😳
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7. No limits... Photo cred: Chris Bridges @ludacris
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8. new new
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9. Apparently my 260lbs is too much for the actual vines in the Hawaiian jungles to hold me without breaking and me falling hundreds of feet. So for safety purposes, I'm forced to swing thru #Jumanjj on wires strong enough to hold 12 adult buffaloes and 1 adult Rock. #OnSet #Jumanji #IronicallyIEatBuffaloDailyForLunch #MoreManThanNatureKnowsWhatToDoWith
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10. hey ma! 🎎#wcw 💙
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11. Surprise visit to our factories!!! #GoodAmerican #USA
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13. Peachy Keen 🔥✨⚡️
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14. If this don't look thankful I don't know what does. Happy Thanksgiving to you and yours. #UltraBlessed #24kMagic #SweetPotatoFly
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15. Late nights @nbcmarlon with the writers... we in here!!!
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16. There goes my baaaaaaaaabbbbyyyyy #QueenKingMagic!!! We're up to something! Ira BIG!!! Stay out our buisness -
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17. You want to win every game you play but when you come home to these faces... who cares. #ILoveYouGirls best part of my day, everyday!
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18. Steady,steady..... full size jenga.. "I got this one "???? Or do I ?
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19. Cornrows kind of day 😉@dontaysavoy2 you convinced me and I love. ❤️️
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20. #BrotherlyLove #tbt
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22. #basel #TeamLOVE @kingcombs
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23. Just introduced a special screening of @directher 's groundbreaking (must see) documentary @13thfilm with my brother @themichaelealy | @unitedblackout #blackoutblackfriday
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24. Me & Vanessa Williams giving #DuckLips #Pose on the set of #DaytimeDivas @vh1 - Coming Soon to a tv near you. Lol. - My make up done by @makeupsurgeon
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25. This picture just makes me wanna praise the Lord, you hear me!!!!!! Yes Lord brotha #TEDDYCAMPBELL What a #man !!! You are everything right on this picture husband ......... #gorgeous #stylish #classy #strong #masculine #king #sexy #debonair #gentlemenstyle And that #bible in your hand just seals the deal for me (probably cause i know that, that is what helped you become just as amazing as you look😘). While my heart and mind experiences the goodness of God at #church on Sundays, my eyes experiences the goodness of Teddy😍. Amen somebody🙌🏽. "Bless the Lord oh my soul and all that is within me bless his holy name" #myman #myhusband #goodman #blackman #dapperman #godlyman #goodfather #mybestfriend
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26. Yesterday was my mama's 53rd birthday!!!!! Got to celebrate with her all day. If this is what I have to look forward to I can't wait. Looking like a soft bucket a cocoa butter. Yaaaaaaaaaas! 😍😍😍 love you mommy!
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27. "Shout out to @PureAtlanta for getting the family right"....I'm loving this jogger. 😍😍
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28. This pic warms my heart ❤️ #myLogiebeans and aunt aunt umba @itowandabraxton 😘
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29. You will always be my baby😜. #HappyBirthdayReginae #mybaby18
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30. GC "Gods Child" Red on Red SweatSuit available now at www.MonicaApparel.com ... Take Your Crown wherever you go!! I'm pictured in a Medium... Go to the site now for other options ... cc: @trukernell
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