Lubbock judge allows pseudonym use in sexual assault lawsuit against Pop Isaacs
A Lubbock district judge ruled Thursday that a provision in the Texas Civil Practice and Remedies Code allows the parents of a teenager accusing a Texas Tech basketball player of sexual assault to file their lawsuit under pseudonyms.
However, it doesn't prevent Red Raider sophomore guard Richard "Pop" Isaacs from using their names if he filed a separate defamation suit against them, which his attorney indicates he is working on.
The ruling comes a week after a hearing before 237th District Judge Les Hatch during which Isaac's attorney, David Kerby, asked the court to order the parents suing his client under the names John and Jane Doe to refile their lawsuit using their real names.
In their petition seeking $1 million from Isaacs, they asked to use the pseudonyms as the case involves allegations of sexual abuse.
The petition filed Jan. 5 accuses Isaacs of raping the teenager in his hotel room in November during the Red Raiders' trip to the Bahamas for the Battle 4 Atlantis tournament.
The lawsuit states the teen was intoxicated, didn't consent to having sex with Isaacs and attempted to fight him off.
She said she didn't tell anyone about the assault until about a month later when she learned that Isaacs bragged to other student athletes that he had sex with her.
Pop Isaacs responds, denies allegations
Isaacs, who was not present at the hearing, "unequivocally" denies the allegations, according to a response to the lawsuit he filed in February.
"The allegations were a shock to my client," Kerby said during the March 28 hearing.
Kerby argued the use of pseudonyms in the case was improper since there was no evidence the teen was under any threat.
"There is no police report, no law enforcement involvement no criminal action involved here," he said. "There is no threat against the family."
However, he said he believes his client has a claim for defamation against the teen's parents.
"It's greatly affected his life," he said.
He said he doesn't intend to identify the girl, but he would have to identify her parents in a countersuit.
"I have to name them," he told the court. "I have to name the parents."
Hearing in Lubbock County court
During the hearing, Kerby suggested the lawsuit against his client was an effort by a disgruntled parent of another student athlete to hurt the team.
"I believe it's well publicized (on social media) what this is all really about: The parents of a student-athlete concerned with his playing time," said Kerby, who did not identify the parent or the other student athlete.
He said the timing of when the lawsuit was filed and when it was publicized supported his theory.
ESPN first reported the lawsuit on Jan. 5, the same day the lawsuit was filed and a day before the Red Raiders faced Texas.
Kerby said be believed the only people who had access to the petition at that time were the plaintiffs and their lawyers and the Lubbock County District Clerk.
"It was leaked to ESPN at a convenient time," Kerby said.
Court records show the petition was filed about 10:30 a.m. that day, meaning the lawsuit would have been available to the public. However, only people who knew about the lawsuit at the time would have known to ask for it.
Zeke Fortenberry, who represents the teen and her parents, appeared via internet video conference, arguing that a provision in the Texas Civil Practice and Remedies Code was designed to address cases like this one.
The provision allows plaintiffs to use pseudonyms in their petition if they seek to recover damages or relief from conduct that would be considered sexual assault or aggravated sexual assault under the Texas Penal Code.
Fortenberry told the court that Kerby would violate the provision if he identified the parents in a counterclaim.
He said since the petition specifically states that Jane and John Doe are the parents of the alleged victims, "Then you're making the minor give her name."
However, he told Kerby the provision wouldn't apply if he filed the lawsuit separately.
"It would have to be a separate lawsuit," he said. "I can't stop him from doing that."
Before the hearing ended, Hatch appeared to side with Fortenberry.
"I do believe (Texas Civil Practice and Remedies Code) 30.013 controls and provides you the ability to use the Doe names," he said.
However, he gave Kerby time to see if the language Fortenberry used in the petition would satisfy the elements of sexual assault under the penal code.
Isaacs, who led the Red Raiders in scoring this past season, averaging 15.8 points per game in 32.8 minutes of action, entered his name into the transfer portal on Monday.
However, the lawsuit will likely remain in Lubbock, which is where he lived when he allegedly committed the assault.
More: Pop Isaacs set to transfer from Texas Tech basketball, according to reports
This article originally appeared on Lubbock Avalanche-Journal: Lubbock judge allows pseudonym use in lawsuit against Pop Isaacs
