Former coach sues UNM, Locksley
Let the legal showdown begin.
As promised — and expected — former UNM wide receivers coach J.B. Gerald has filed a lawsuit against head football coach Mike Locksley, in response to the physical altercation that took place on Sept. 20.
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Dennis Montoya, the New Mexico-based attorney representing Gerald, filed the lawsuit, which names Locksley and UNM’s Board of Regents, in U.S. District Court in Albuquerque on Friday. Gerald will pursue compensation as part of the suit.
All of the accusations reported by the Daily Lobo early in the week are present in the complaint, including personal injury, race discrimination and retaliation against Gerald’s First Amendment rights. In addition, the complaint states that Gerald was allegedly told by University officials that his future coaching prospects would be affected if he persisted complaining about Locksley’s behavior.
When reached by phone early Saturday, Montoya said the University failed to take reasonable action against Locksley, only assigning him a one-game, unpaid suspension.
“This was treated as, ‘This is a thing between you blacks,’” Montoya said. “ … When an African American is in a career that he or she likes in athletics, (there’s the attitude) that ‘Boys will be boys,’ and they should not rock the boat if they are treated in a completely unacceptable manner.”
In saying it had yet to receive a copy of Gerald’s complaint Saturday, the University said in a statement through UNM spokeswoman Susan McKinsey that it “will vigorously defend itself and its employees against these claims.” The University added that the U.S. Equal Employment Opportunity Commission’s investigation into Gerald’s charges failed to establish that the University violated the law.
Montoya responded to the assertion with contention.
“EEOC investigations can be very superficial,” he said. “The EEOC determination is not admissible in court. In court, we start everything anew.”
In an earlier interview, Montoya said should the case go to trial a number of Athletics personnel, staff and former and current coaches could be called to testify. He said that Locksley was given special treatment because he was Gerald’s superior and he hired him.
“The trend is toward zero tolerance for violence in the workplace,” Montoya said. “We think that is exhibited more often than not. That certainly wasn’t the approach that was taken by UNM in this case.”
Delving into the specifics of the case, Montoya said in order to prove racial discrimination he will have to establish adverse employment action, which he said in this case is the University’s failure to provide a safe working environment.
Adding that it’s often a difficult task to prove, Montoya said he’s confident that he will have no trouble showing that Gerald was discriminated against.
“Race discrimination exists in the mind of the perpetrator,” Montoya said. “It almost always becomes a question for the jury to decide for itself. The jury’s going to have to take the evidence in this case and peer into the minds of the University administrators that were involved and determine whether Gerald’s race was a (factor).”
The only potential hang-up resides with Montoya.
Back in April, Montoya, who ran for judge in the State Court of Appeals in the Democratic primary against Linda Vanzi, was charged with professional misconduct by the Disciplinary Board, which approached the State Supreme Court about suspending Montoya’s law license, according to an Albuquerque Journal article published May 5. In the end, the State Supreme Court chose not to revoke Montoya’s license, but there is still an ongoing investigation into the allegations.
While attributing the charges to a political quandary, Montoya said he will be vindicated once the investigation runs its course.
“I am not proceeding under any assumption that I am not going to continue to practice law in the state of New Mexico for many years to come,” he said. “I don’t think there’s any reason to for me to assume that I will not be able to represent Coach Gerald to the end of his case.”
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by Rightontime
Just in time for the start of the Lobo Football Season ! Or should I say the football season for everyone that has UNM on their football schedule!
Flag for moderationMr. Montoya SHOULD have his client file an actual Battery/Assault Charge on Locksley in Metro Court to ascertain a more viable “adverse employment” action and use the Battery/Assault court proceedings and testimony to further strengthen Mr. Gerald’s case while creating even more media interest and difficulties for UNM to continue the “Schmidly, Krebs , Locksley Gonzales & Garbiso” Cover Up! Just my legal opinion in over 26 years of practicing Labor & Employment Law! Certainly the leverage gained in filing an actual criminal charge/complaint vs. Locksley would speed up the inevitable settlement and preclude the UNM Legal Rep from prevailing in a motion for summary judgement alleging no adverse employment took place as Mr. Gerald was paid on the remainder of his 1 year contract with UNM and that Mr. Gerald declined an offer from UNM to continue his employment .
Wouldn’t it be nice if the DAILY LOBO or another media outlet publish an actual copy of the Gerald lawsuit so that everyone could see the actual details of the suit filed in U.S. Federal District Court …once UNM confirms that they have been served with and received a copy for journalistic integrity of course!
I say it will eventually settle in the $700K – $1million range as discovery will cost us “taxpayers” at least $150K not to mention further damage to UNM . Undoubtedly, Coach Locks last season at UNM
is here …the UNM football team is at best only slightly better than last years pathetic bunch of losers !
by Red Menace Fan
A shady lying “victim”, a shady lawyer, and a lousy writer… What a great story we have here… Come on Issuck! You are pathetic dude, get off you knees man and quit giving BJ to JB
Flag for moderationby Jude
Not only did the university officials cover up the assault, but was exposed by ESPN OutSide The Lines as a group of lying incompetent degenerates “Bungles upon bungles in the administrative jungle” Which means Lies upon Lies…..
Flag for moderationby Brian
In his first year Locksley had two lawsuits filed against him and only one win. He better get another win this year in order to get back to .500.
Flag for moderationby Kudos to Isaac
Hey Isaac you deserve major kudos for giving the public insight into the shady dealings of the UNM Admin.
Flag for moderationby killieabq
Is this the same Montoya that ran for the Court of Appeals?
Flag for moderationby LOMAO
LOMAO!!!!
NOW that the lawsuit has been actually filed here comes “old rag” Susan McKinsey spokesperson for UNM stating that the “EEOC didn’t find any discrimination with Gerald’s EEOC complaint” . NICE JOB UNM! The EEOC is a pathetic administrative arm of the U.S. Dept. of Justice that does little more than push “paperwork” and try and get complaintants to settle through mediation for little more than $5K ….it’s a fact that the EEOC dismisses over 97% of all discrimination complaints from employees…why? because they are completely overwhelmed with discrimination complaints from employees ! REALLY ? Are only 3% of complaints legit?
Flag for moderationI look forward to Gerald filing an actual civil complaint in Metro Court vs. Locksley for Assault & Battery and watch that lard*ss Locksley getting arraigned !
UNM is a joke ! A third-world gateway University who supports illegal immigrants getting free money from the state’s lottery scholarship as immigrant students and like the rest of New Mexico can’t really make up it’s mind if it is part of Mexico or the U.S. ….except for Federal Aid where New Mexico will have their hands out begging!
by corruption and scandals
Incompetence, corruption and scandals abound at UNM administration; in fact they are a big part of the UNM’s administration. This quote from Sharon Warner is true: “The similarities to the Locksley case are really quite striking, because in both cases somebody abused their power relationship,” she said. “Then the University pretended to do an investigation and the truth didn’t come out but they just said, ‘We’ve investigated; here are our findings; now go back to work.’”
Flag for moderationThe cover up and destroying of documents pertaining to the assault J.B. Gerald – former wide receivers coach, by coach Locksley, sex and gender discrimination – Commander James Daniels, Dominatrix Sex Scandal – a former director of the creative writing program, pregnancy discrimination – a former HR Representative and the recently settled age discrimination and sexual harassment case of Administrative Assistant Sylvia Lopez.
The University should uphold its own policies. However, it is apparent that they have no intentions of doing so; instead we as faculty, parents, students and taxpayers should demand better. We should petition, protest, and or boycott athletics something needs to happen.
by Read the Story
Killieabq,
I believe your question is answered in the story.
Flag for moderationby Professor
Are these people barbarians? These uncivilized people condone violence in the workplace? UNM needs leadership that possesses the highest form of integrity, qualities that are absent from UNM administrators character. With all the debauchery and deceptive behavior one would think UNM is not part of the US.
Flag for moderationby Foul
Apparently, after the US EEOC investigation has now been completed it now gives the right away for Gerald to sue UNM. Finally, we will get the real deal about UNM and this putrid cover up (seen on ESPN) All of UNM administrators involved in the cover up should be immediately relieved of their duties.
Flag for moderationby NM TP
Crooks, Thugs and Gangsters are controlling UNM Administration/Athletics/Human Resources Departments; Locksley and his accomplices in crime should pay for the lawsuits brought upon the university.
Flag for moderationby UNM Staffer
University officials wanted to sweep this outrages act under the rug but failed.
Flag for moderation