City Excused from Lawsuit Brought by Hampton Coaches

Black Issues in Higher Education, August 5, 1999

LUBBOCK, Texas -- A judge removed the city of Lubbock from a $30 million civil rights lawsuit filed by the women's basketball coach of Hampton University, her husband, and an assistant coach. But he allowed the claims to stand against individual police officers and paramedics.

The suit, filed April 19, alleges racial bias by police in the wrongful arrest of the three last Nov. 16 outside a Wal-Mart store. Hampton was in Lubbock for a basketball game against Texas Tech, but the game was canceled because of the incident (see Black Issues, Dec. 10, 1998).

U.S. District Judge Sam Cummings rejected allegations the trio made against the city of Lubbock under the federal Civil Rights Act of 1964. He said that, under the act, the plaintiffs must have received services from the entity they are accusing, and that didn't happen in this case.

Cummings ruled the city of Lubbock is immune from the claims of slander, libel, defamation, and emotional distress mentioned in the lawsuit. But the judge said individual police officers and paramedics cited in the lawsuit have no such immunity.

He also dismissed two allegations that assistant coach Vanetta Kelso, who was pregnant, received inadequate medical care at University Medical Center, but allowed a third claim to remain in the lawsuit.

Kelso was detained along with head coach Patricia Bibbs and her husband, Ezell Bibbs, after a woman complained that someone had scammed her. The three, who were handcuffed and held for several hours, insisted upon their innocence. No charges were filed after a review of the store's security tapes showed that none of the three had any contact with the woman.

The lawsuit alleged that police detained them because they are Black. It also contends police violated the constitutional rights of due process, equal protection, and protection from unreasonable and illegal arrests, searches, and seizures.

Kelso claims she was humiliated, embarrassed, and threatened by an emergency worker at the University Medical Center in Lubbock because she vomited. The worker threatened to stuff a towel in her mouth, the lawsuit said.

The suit sought $2.5 million for each plaintiff for past and future loss of wages, medical expenses, pain, and mental anguish--plus punitive damages of $7.5 million for each plaintiff.