NMSU hazing civil suit ends in quick resolution

In the world of civil lawsuits, a swift resolution in two months is not typical. They usually drag on much longer.

But that’s what happened regarding the suit alleging hazing on the New Mexico State University 2022-23 men’s basketball team. The suit was filed April 19, and a settlement reached June 28, awarding a total of $8 million to the plaintiffs.

“Generally we see a quick resolution if a case is either very strong or very weak, or if the parties are highly motivated,” said Joleen Youngers, who represented two of the plaintiffs in the suit, William Benjamin and William (Deuce) Benjamin Jr., an NMSU player on last year’s team. Youngers is an attorney with Almanzar & Youngers, which has offices in Las Cruces and Santa Fe, where Youngers primarily practices.

The Benjamins, along with player Shakiru Odenewu, who had different legal representation, named former Aggie head coach Greg Heiar and his associate head coach, Dominique Taylor in the suit.
Specific players named were Deshawndre Washington, Doctor Bradley and Kim Aiken Jr.

“We believe this case was very strong and all the parties were highly motivated,” Youngers said.

In settling the suit, NMSU admitted no guilt, and the lawsuit will be dismissed.

“New Mexico State University has reached a settlement agreement with William Benjamin, Deuce Benjamin and Shakiru Odunewu,” said Justin Bannister, NMSU’s associate vice president of marketing and communications. “We’re pleased this situation has now come to a resolution and all parties are able to move forward.”

The settlement calls for payment to made in a lump sum, coming not from NMSU’s general fund, but from the state’s Risk Management Division, a taxpayer-funded insurance fund.
The Benjamins will receive $4.125 and Shakiru Odenewu will receive $3.875.

“The Benjamins’ piece is a little bit bigger was because we had two claimants,” Youngers said. “There’s been recognition by NMSU they’re going to continue to investigate about what happened and what can be done to avoid problems like this in the future.”

The counts in the civil suit include negligence brought pursuant to the Tort Claims Act; sexual assault, battery and false imprisonment; and violation of New Mexico Civil Rights Act.

William Benjamin Sr.’s claim falls in the Tort Claims Act section of the suit, which addresses New Mexico’s law allowing claims for loss of consortium. If a person in a close relationship, in this case father and son, suffers an injury, sometimes that injury can harm the relationship. The suit claims the suffering of Benjamin Jr. negatively affected the relationship. Benjamin Sr. played for the Aggies in the 1990s and has, for several years, been the head basketball coach at Las Cruces High School, where Benjamin Jr. played. The two teamed to help the Bulldawgs win the 2020 state 5A basketball championship.

Regarding the NMSU players and the claims, the civil suit asserts Benjamin Jr. and Odenewu were harassed and physically assaulted multiple times dating back as early as November 2022 and continuing through the season, which ended in February 2023, when the university suspended the team’s season and fired Heiar.

The civil suit cited incidents in the Aggies’ home locker room, on the team bus and in a hotel room during a road trip. It describes one hazing incident as an “attack.” The civil suit also asserts coaches were notified of incidents but did nothing in response.

While the settlement ends the civil case, nothing precludes a criminal case.

“In fact, it is my understanding the attorney general’s office has assigned a special prosecutor and a special investigative unit, and is still actively investigating,” Youngers said.

Youngers said her clients would not speak on the record regarding the settlement.

“The resolution is a way of buying peace for both sides, and it becomes particularly true for my clients. Victims of type of assault we’re talking about, to go through months or years of litigation can be a second victimization. It’s not very easy for these gentlemen to be unnoticed in Las Cruces. So, this gives them a turn toward healing. Ongoing litigation can be like a wound that isn’t allowed to heal.”

Neither Benjamin, Odenewu, nor any other players from the 2022-23 Aggie roster are left in the Aggie fold. NMSU hired Jason Hooten as coach in March and, to date, he has signed 10 players and six coaches.

As of July 1, the Aggies are officially members of Conference USA, which will have 11 teams playing men’s basketball, including NMSU rival University of Texas-El Paso, and Hooten’s old team Sam Houston.