Back in 2001, 18-year old Florida State University (FSU) football
player Devaughn Darling died while trying to finish a workout session conducted by the school.
His parents hired Attorney Willie Gary to represent them in their civil case
against the university, which was then led by President Sandy D’Alemberte.
The lawsuit Gary filed on behalf of the Darling family
stated that even though FSU coaches knew about the young man’s “exhaustion and
difficulty standing, they forced him to continue” a set of physical conditioning
drills. It added that “prior to being sent back to start the mat drills over
again, Devaughn Darling was holding his chest, complaining of pain and stated
he could not see.”
A St. Petersburg Times article listed the major points in Gary’s
description of how the FSU administration failed to protect Darling. He said
FSU declined to fulfill its duty to operate a “reasonably safe” conditioning
program by:
Failing to provide sufficient breaks during the drills;
Demanding that the players finish the drills, even while “exhibiting
physical distress;”
Failing to provide adequate medical and emergency personnel
and medical equipment during the drills;
Failing to properly supervise the drills;
Failing to call for emergency assistance in a timely manner;
and
Failing to maintain an adequate emergency plan.
FSU agreed to a $2M settlement with the Darling family. D’Alemberte remained president for two years after Darling's death and FSU Head Football Coach Bobby Bowden continued to hold his job for another eight years. They both also maintained
overwhelming support from the FSU Board of Trustees and most of the newspapers
in Florida.
The Florida Division of Risk Management of the Department of
Financial Services only paid $200,000 to the family due to the university’s sovereign
immunity protections. The Florida Legislature still hasn’t approved a claims
bill for the remaining $1.8M. A claims bill filed by state and FAMU alumna
Arthenia Joyner died during the 2012 legislative session.