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SEC Sports
OU fan sues Alabama player over alleged 'unprovoked attack' during field storming
The University of Oklahoma beat the University of Alabama 24-3 Saturday night in an upset. Fans rushed the field twice.
www.oklahoman.com
NORMAN − An Oklahoma Sooner fan is alleging in a lawsuit that he suffered a concussion when an Alabama football player struck him in the head from behind after the field was stormed Saturday night.
Holden Moxley, 18, sued freshman defensive back Dre Kirkpatrick Jr. on Wednesday in Cleveland County District Court. He is seeking actual and punitive damages.
The University of Alabama was not sued. Its athletics communications office did not respond immediately to requests for comment on behalf of the player.
The fan was identified in the lawsuit as a senior at Perry High School. The incident was described in his lawsuit as an "unprovoked attack."
"Plaintiff was later taken to an Emergency Room where he was diagnosed with a concussion," the lawsuit states.
Filing the lawsuit was Mark Hammons, a longtime Oklahoma City attorney known for his success in wrongful termination cases. He is currently representing two teachers in a high-profile lawsuit against state schools superintendent Ryan Walters over bonuses.
Hammons told The Oklahoman on Wednesday there is a video of the incident. He also said Moxley has talked with Norman police.
"He wasn't doing anything," Hammons said. "He wanted to take a selfie. He's got his camera up to do that, and the Alabama player comes up and hits him square in the back of the head. There's just no defense to that. You don't do that. You can really hurt somebody. The Alabama player's around 200 pounds. He's a pretty good-sized guy. Outweighed our kid by about 30 pounds or more."
Moxley was turned away from the player when he was punched, the attorney said. Moxley had had no interaction with the player and was not acting aggressively, the attorney said.
Hammons also said he did not know yet if the incident happened during the first rush of the field or the second.
The player was identified by his jersey number, according to the lawsuit. He is the son of former Alabama All-American corner Dre Kirkpatrick, who was selected by the Cincinnati Bengals in the first round of the 2012 NFL draft.
No criminal charges are expected out of the police investigation because fans were not supposed to be on the field. A Nebraska player was charged in 2004 with a felony, aggravated assault and battery, after a RUF/NEKS member was injured on the sidelines during pregame drills. A jury later returned a not guilty verdict in that case.
