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 (10/15-10/21)
31 photos Launch gallery
1. Just a NY girl with BIG dreams....
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2. HAPPY CHILDREN=QUALITY PARENTING. We don't always see eye to eye on everything and that's normal. We're human beings. But we come together and do it right for what's important, the kids. We are not enemies, we are parents. And we are parents 1st. S/O to @monyettashaw for making Mason's bday memorable. S/O to @itscrystalsmith at home taking care of our other lil' Prince. ❤️❤️❤️ THIS IS WHAT CO-PARENTING LOOKS LIKE. #Blessed #Happy #AboveTheDrama #BiggerThanUs
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3. So happy to finally be able to share with you all that I’m the new Global Brand Ambassador for @Revlon! Follow my day on RevlonSnaps. Yay! Choose Love, Everybody! #RevlonXCiara #chooselove #ad
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4. Glam on point!!!@makeupbymotoko & @shaylinjoneshair #easybreezy @lifetimetv #beachesmovie #january2017 😘
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5. ✨True love ✨📸: @jessiemarrerophotography
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7. Today was not easy..but by the grace of God we all got through it. Words cannot express our gratitude for all of your Prayers, Positive thoughts and Support for us throughout the years. Tommy will be missed but most certainly never forgotten...And PLEASE don't ask "Where's Martin?.." he was there too...just not in this picture. Lol! God bless you all.. #LoveConquersAll #MartinShow
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9. West coast get ready for #RockyHorror. I will be live tweeting again. #letsdothetimewarpagain
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10. #THEKEYS pre order yours now ... Available everywhere #NOV22 #WeTheBest 🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑
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11. We about to ROCK at #KCABlackBall!! All for our life-changing effort to end 🌎 AIDS.
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12. Today's #SNAPJACK is brought to you by @yazzthegreatest 😂😂😂💋💋💋
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13. Damn girl you kinda old to be headed to the Go Go. You coming in at the age they leaving. LMAO
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14. Daddy daycare B-Boxin with @acewellstucker @shopraisingace
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15. #FBF Naviyd & URV "LIL MONSTERS"
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16. HAPPY BIRTHDAY TO ONE OF THE BIGGEST LEGENDS IN OUR HIPHOP HISTORY! @snoopdogg CONTINUED BLESSING AND LOVE FAMILY!!!!! REAL OG!
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17. Thank you for a beautiful night VSU! Let's do it again! #HOMECOMING
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18. Had a great time this morning with my familia Erica, Griff & Truth!!
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19. Check out my interview on @essence facebook live. #inmyownwords #nycpromo #day2
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20. #She💋 #tbt #TheCoveAtTheAtlantis #DawgPawsAndAll
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21. Bae #retailtherapy
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22. Why me and @coryhardrict got the same pose... and notee... new mouth #naked
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23. When my husband is my personal 'hype-man'! it kills me every time! 💜😂 #WHATNOW #lostfiles📷
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24. Diggy Simmons
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25. Hand full of @jacquieaiche 💙💎💍 @esnail_la 💅🏾
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26. SuperSoulers! You can watch my interview with Carl Lentz live from my Facebook page, tomorrow at 11a ET| 8a PT. #SuperSoulSunday
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27. 💋 .. When the friendship is easy like Sunday morning. ☀️
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28. Sunday mornings are the best........... hugs and cuddles with my angel
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29. #huggar16 #hellohuggars
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30. My gym is everywhere!.. #RnBMoney #TheGeneral 📸: @twelvepastseven
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31. Nothing I would rather be doing... Rocko setting up our movie, Romelō working on a puzzle & Laiyah singing and sharing all she's learning at school... I'm so grateful for the joy they've brought into my life ... Praying for peace , joy & love in the home of EVERY family ♥️ #HeadScarfPJSunday LOL 😂
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