Madison Square Garden recently filed a motion for summary judgment in hopes of ending retired New York Knicks star Charles Oakley’s assault and battery lawsuit—now in its ninth year—over his removal from MSG while watching the Knicks play the Los Angeles Clippers on Feb. 8, 2017.
Testimony by tennis legend John McEnroe, who was seated in front of Oakley, plays a central role in MSG’s argument. McEnroe remembers Oakley saying, “You’re a f—–g snitch” and “F— you, I ain’t leaving,” and resisting removal.
If MSG persuades U.S. Circuit Judge Richard J. Sullivan to toss the case, it would be the third time that happens. The U.S. Court of Appeals for the Second Circuit has twice reinstated Oakley v. MSG.
In a brief submitted by Damien Marshall, Randy M. Mastro and other attorneys on May 30, MSG insists a dismissal should last this time. The company stresses that while Sullivan previously dismissed the case before extensive discovery, there is now a “fully developed” record consisting “of thousands of pages of documents, numerous videos of the incident from different angles (many with audio), and direct eyewitness accounts in the form of deposition testimony and sworn declarations from more than a dozen witnesses.”
As MSG tells it, Oakley “refused to leave after being asked to do so.” Seated near a young child, Oakley allegedly yelled obscenities at security guards and partook in other disruptive behavior. He’s also accused of “assaulting and battering security guards” who attempted to escort him out. MSG contends there is “not a single witness” who corroborates Oakley’s account that he was pushed to the ground and roughed up by security. Oakley’s own “damning admissions” under oath, comments he made in press interviews and drafts of his autobiography are also referenced by MSG.
Sullivan will only grant the motion if he concludes the facts are so clearly in MSG’s favor that there’s no need for a trial. Not surprisingly, then, much of MSG’s brief centers on trying to extinguish discrepancies about the incident.
The Knicks-Clippers game was played before 19,812 people. McEnroe and his son sat a couple of seats away from MSG chairman James Dolan. The three sat courtside—one row in front of where Oakley sat. A three-time singles winner of Wimbledon and four-time singles winner of the U.S. Open who was the world’s No. 1-ranked male tennis player in the early 1980s, McEnroe was designated an “MSG VIP.”
This seating arrangement—especially the proximity between Oakley and Dolan—mattered in light of preexisting tensions and longstanding personal animus. Oakley and Dolan have a contentious relationship. The 61-year-old former NBA All-Star has complained the Knicks and Dolan treat him without the same respect they show other retired Knicks legends. For instance, in 2016, Oakley says he was excluded from the Knicks 70th anniversary celebration which featured former team stars. He’s also been rebuffed in attempts to land a Knicks coaching job and has needed to buy game tickets whereas other legends have been invited guests. Oakley hasn’t exactly won points with Dolan and other team executives. He has openly rebuked Knicks’ personnel and management decisions.
As MSG tells it, Oakley appeared upset after he took his seat. Oakley allegedly “expressed frustration to his seatmates about not being granted access to MSG’s luxury suite floor, looked towards several MSG security guards, and began to yell profanities at them.” MSG contends Oakley yelled such statements as “What the f— are you looking at?”, “Stop f—–g looking at me” and “Watch the f—–g game!” He also allegedly asked an MSG server who came to take his food and drink order, “Where Dolan at?”.
McEnroe, 66, didn’t know that Oakley, whom McEnroe says he was “previously acquainted,” would be at the game. The former U.S. Davis Cup captain says he wasn’t paying attention to “what was going on behind us” and was instead “focused on watching” the Knicks and Clippers play. At some point, Oakley approached McEnroe from behind to say “hello.” McEnroe and Oakley then shook hands and Oakley met McEnroe’s son.
“He seemed okay to me in that very brief exchange,” McEnroe testified.
Then the situation changed.
McEnroe noticed an MSG security guard pass by him and his son. The guard approached Dolan, knelt next to him and said “something” but McEnroe couldn’t make out what was said. As the guard walked away from Dolan and past McEnroe, McEnroe heard Oakley yell, “You’re a f—–g snitch,” which McEnroe believes was directed at the guard.
McEnroe then saw security guards approach Oakley and ask him to leave, which allegedly led Oakley to say “F— you, I ain’t leaving.” McEnroe says the hostility escalated, and he saw Oakley, who is 6-foot-9 and weighed 245 pounds when he played, “slip and fall to the floor.” When Oakley stood up, McEnroe recalled how Oakley “physically resisted the efforts of the MSC security guards to escort him out of the arena.”
McEnroe’s sworn statement stresses that “both sides probably regretted this happened” and that he is “not taking sides in this litigation.” He says he is “just a witness to events that night.”
MSG maintains McEnroe’s testimony supports its view that it used reasonable force to remove Oakley, who MSG asserts “suffered no physical injuries” after being told to leave. MSG notes that under New York law, property owners “have the right to remove individuals from their property for any reason.” The company also points out that a game ticket is a revocable license to enter a facility. To that point, MSG highlights that both MSG’s ejection policy and the NBA Fan Code of Conduct prohibit disruptive behavior, foul language and obscene gestures. As MSG sees it, Oakley’s actions warranted his removal.
Oakley’s attorneys will have the opportunity to challenge MSG’s assertions in an opposition brief. In prior court filings, Oakley insists security physically accosted him and security lacked a valid reason to kick him out. He’ll argue that key facts are in dispute and warrant a trial where witnesses, including McEnroe, face cross-examination.
Even if Sullivan grants MSG’s motion, Oakley could appeal that ruling to the Second Circuit; conceivably, the case could continue for years. Although it would seem logical for Oakley and MSG to resolve the dispute through a settlement, it seems both sides have dug in and will fight till the end.
