Fan suing the Jazz

[test_name_please_ignore]

He’s the one who got on the news and put his identity out there. It’s not the Jazz fault people created fake twitter and tweeted horrible things in his name. FS1 even broadcast a couple of them as real. Sue FS1 for defamation of character. They literally reported something was him that was not.

He got on the news to defend himself. Regardless of how his name got out, if the Jazz ban him, then make a statement on not tolerating racist statements, if they knew or should have known he didn't make those statements, yet make such inference in a public statement, how should he feel? His argument is it was knowing or reckless, which, if he didn't make racist comments, I would agree with, and it clearly impacted his life.

I could see Westbrook being liable as well as the Jazz if the guy can prove, based on the preponderance of the evidence (more likely than not standard) that his comments were intentionally or recklessly misconstrued, and the Jazz knew from witness statements or video that his story checks out.

 

[oneye]

He got on the news to defend himself. Regardless of how his name got out, if the Jazz ban him, then make a statement on not tolerating racist statements, if they knew or should have known he didn't make those statements, yet make such inference in a public statement, how should he feel? His argument is it was knowing or reckless, which, if he didn't make racist comments, I would agree with, and it clearly impacted his life.

I could see Westbrook being liable as well as the Jazz if the guy can prove, based on the preponderance of the evidence (more likely than not standard) that his comments were intentionally or recklessly misconstrued, and the Jazz knew from witness statements or video that his story checks out.

Much of it is subjective. If Russ felt it was a racist comment, who's to tell him it wasn't? My honest thought on it the whole time is the guy meant it as a comment that Russ sucked dick, hence the being on your knees "like you're used to" part. But it's subjective, not definitive. Of course he's not going to play the homophobic part in court, he's going to play the iced knees part in court. The Jazz have said they have interviews that line up with Russ's story and I believe have said they have video/audio as well. I'm sure they have interviews that corroborate he was acting inappropriately, but we'll see. The Jazz never specifically accused him of exactly what he said, and what he said is subjective depending on how someone takes it.

 

[checkbookdoc]

The Jazz and Westbrook aren't responsible for other people threatening him on Twitter.

IMO, if the Jazz and Westbrook are responsible for publicly accusing him (in the case of Westbrook) or insinuating (in the case of the Jazz) that he is a racist. If it turns out to have been false, then they should be responsible for the reasonably anticipated reaction (public freakout and harasment/private loss of job).

He can't really argue defamation since he's the one that immediately did an interview with the news.

In his interview he did not claim to be a racist. That was done by Westbrook and the Jazz. If he didn't make inappropriate comments at the game, and this has just been a giant witch hunt, then I feel very bad for the fan. Even if he is a confrontational dickhead, he shouldn't have been treated this way (IF it was false). I hope the truth comes out and he is held responsible, or Westbrook, Jazz, and all the media who publicly treated him as guilty are punished.

 

[enchilada_style]

So did this idiot actually lose his job? I remember he worked for a toyota dealership and their first statement was that they will hold off on any decision once the facts are more clear.

 

[mellow]

Believing he is a victim and suing the Jazz is the most Shane Kiesel thing Shane Kiesel has ever done.

 

[test_name_please_ignore]

Much of it is subjective. If Russ felt it was a racist comment, who's to tell him it wasn't? My honest thought on it the whole time is the guy meant it as a comment that Russ sucked dick, hence the being on your knees "like you're used to" part. But it's subjective, not definitive. Of course he's not going to play the homophobic part in court, he's going to play the iced knees part in court. The Jazz have said they have interviews that line up with Russ's story and I believe have said they have video/audio as well. I'm sure they have interviews that corroborate he was acting inappropriately, but we'll see. The Jazz never specifically accused him of exactly what he said, and what he said is subjective depending on how someone takes it.

He is stating he told Russ to go sit down and ice his knees. Not to get on his knees.

I can't think of how stating "go ice your knees" is racist by a reasonable person.

If he told Westbrook to get on his knees, and that is verified by video or other fans, well, he has no case IMO.

He claims Russ is lying. They both seem like d-bags, so I wouldn't be surprised either way.

 

[oneye]

He is stating he told Russ to go sit down and ice his knees. Not to get on his knees.

I can't think of how stating "go ice your knees" is racist by a reasonable person.

If he told Westbrook to get on his knees, and that is verified by video or other fans, well, he has no case IMO.

He claims Russ is lying. They both seem like d-bags, so I wouldn't be surprised either way.

Agreed and the Jazz claim they have evidence, and people who know people close to the Jazz say the Jazz claim they have evidence, I have yet to see anyone actually say they've actually first hand seen the evidence. I hope they have evidence, if they don't have actual evidence, yeah he'll probably get paid.

 

[oneye]

So did this idiot actually lose his job? I remember he worked for a toyota dealership and their first statement was that they will hold off on any decision once the facts are more clear.

Yes, and got kicked out of some pilot program he was going through.

 

[Jazz4ever]

Maybe a nearby fan contacted him and agreed to testify in favor of him for a piece of the loot.

 

[oneye]

Maybe a nearby fan contacted him and agreed to testify in favor of him for a piece of the loot.

From twitter from someone who read the case. I'm not paying $25 or $30 to look at the lawsuit lol "The Jazz accused him of using racist language when they banned him. They claimed they investigated what happened but they didn’t speak to anyone who the plaintiffs will be using as witnesses."

 

[oneye]

Now, he would have a pretty certain case IMO for Skip and Shannon showing tweets that weren't his on their show and saying it was him.

 

[JFFR]

I'm still pretty upset that the Jazz didn't do more to Westbrook. Threatened violence against women should not be tolerated. He should have been banned for 5 games for playing in Salt Lake City (or something like that).

What he did could be considered assault and it was on video. I don't care what Kiesel said to him, it was not excusable.