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Negligence claims vs. ex-Baylor coach Art Briles dismissed

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11 months ago

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Former Baylor football coach Art Briles was not negligent in the case involving a female student who reported being physically assaulted by one of his players in 2014, a federal judge ruled Friday.

U.S. District Judge Robert Pitman dismissed the gross negligence claims against Briles, along with former athletic director Ian McCaw and Baylor University, saying “no reasonable jury can conclude” based on the evidence presented at trial that the defendants were “grossly negligent.”

The plaintiff, former Baylor student Dolores Lozano, had claimed that the three defendants’ negligence after she reported her first assault in March 2014 made her subject to further abuse by football player Devin Chafin, whom she had been dating.

“This case was always about Ms. Lozano getting her day in court,” Pitman said Thursday, but after hearing the evidence, he said there simply wasn’t enough there to convince a jury. That leaves a Title IX claim and one negligence claim against Baylor as the only matters to be given to the jury, which reconvenes Monday. Lozano has alleged that the school’s overall failures to address and properly respond to reports of sexual violence at that time put her at greater risk for assault and was a violation of Title IX.

“The judge said this has always been about Ms. Lozano having her day in court. We agree,” said Lozano’s attorney Sheila Haddock.. “The judge granted Baylor’s motion solely on the issue of gross negligence. He denied the remainder of Baylor’s motions and we look forward to presenting our case to the jury on Monday.”

McCaw and Briles testified Thursday. McCaw said that when he received a report of Lozano’s allegations from one of his staff members in 2014, he took appropriate action and made sure she had been given information on how to further report it. Briles said he simply didn’t know anything about Lozano or her reports against Chafin until she filed her lawsuit in 2016. He said he had never communicated with Lozano.

Reid Simpson, an attorney for Briles, was on the courthouse steps standing before reporters Friday morning on the phone with Briles to share the news. “I appreciate you,” Briles could be heard saying over speakerphone.

“Everything that’s been said about him is not true,” Simpson said. During the trial, Simpson’s questioning of witnesses often came back to a series of questions about whether there was any evidence that Briles covered up sexual assault, deterred victims from reporting assaults or tried to interfere with investigations, and the witnesses denied knowing of any of those actions.

When asked if Friday’s ruling would help Briles’ reputation in the wake of the investigations in 2016 that led to his firing, Simpson said, “I hope it helps.”

McCaw’s attorney, Thomas Brandt, said he was pleased with the ruling, but he said the decision means “nothing” in regard to the wider sexual assault failings at Baylor and McCaw’s involvement.

The law firm Pepper Hamilton, which investigated the school’s handling of sexual violence reports in 2015 and 2016, had access to dozens of reports and used five of them — all involving football players — in its presentation to the Baylor regents in May 2016. Lozano’s domestic violence case was not among them.

In her opening statement to jurors Monday, Baylor attorney Julie Springer acknowledged the school’s history with sexual violence victims and the 2016 results of the investigation that uncovered failures in responding to and reporting incidents of sexual violence throughout the university.

“There is no question that bad things happened and mistakes were made at Baylor. Baylor accepts and accepted responsibility for those failures,” she said. “This case is not one of the cases in the [investigation] findings. In Dolores Lozano’s case, Baylor got it right.”

 

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Calvin Lucyshyn: Vancouver Island Art Dealer Faces Fraud Charges After Police Seize Millions in Artwork

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9 mins ago

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September 13, 2024

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In a case that has sent shockwaves through the Vancouver Island art community, a local art dealer has been charged with one count of fraud over $5,000. Calvin Lucyshyn, the former operator of the now-closed Winchester Galleries in Oak Bay, faces the charge after police seized hundreds of artworks, valued in the tens of millions of dollars, from various storage sites in the Greater Victoria area.

Alleged Fraud Scheme

Police allege that Lucyshyn had been taking valuable art from members of the public under the guise of appraising or consigning the pieces for sale, only to cut off all communication with the owners. This investigation began in April 2022, when police received a complaint from an individual who had provided four paintings to Lucyshyn, including three works by renowned British Columbia artist Emily Carr, and had not received any updates on their sale.

Further investigation by the Saanich Police Department revealed that this was not an isolated incident. Detectives found other alleged victims who had similar experiences with Winchester Galleries, leading police to execute search warrants at three separate storage locations across Greater Victoria.

Massive Seizure of Artworks

In what has become one of the largest art fraud investigations in recent Canadian history, authorities seized approximately 1,100 pieces of art, including more than 600 pieces from a storage site in Saanich, over 300 in Langford, and more than 100 in Oak Bay. Some of the more valuable pieces, according to police, were estimated to be worth $85,000 each.

Lucyshyn was arrested on April 21, 2022, but was later released from custody. In May 2024, a fraud charge was formally laid against him.

Artwork Returned, but Some Remain Unclaimed

In a statement released on Monday, the Saanich Police Department confirmed that 1,050 of the seized artworks have been returned to their rightful owners. However, several pieces remain unclaimed, and police continue their efforts to track down the owners of these works.

Court Proceedings Ongoing

The criminal charge against Lucyshyn has not yet been tested in court, and he has publicly stated his intention to defend himself against any pending allegations. His next court appearance is scheduled for September 10, 2024.

Impact on the Local Art Community

The news of Lucyshyn’s alleged fraud has deeply affected Vancouver Island’s art community, particularly collectors, galleries, and artists who may have been impacted by the gallery’s operations. With high-value pieces from artists like Emily Carr involved, the case underscores the vulnerabilities that can exist in art transactions.

For many art collectors, the investigation has raised concerns about the potential for fraud in the art world, particularly when it comes to dealing with private galleries and dealers. The seizure of such a vast collection of artworks has also led to questions about the management and oversight of valuable art pieces, as well as the importance of transparency and trust in the industry.

As the case continues to unfold in court, it will likely serve as a cautionary tale for collectors and galleries alike, highlighting the need for due diligence in the sale and appraisal of high-value artworks.

While much of the seized artwork has been returned, the full scale of the alleged fraud is still being unraveled. Lucyshyn’s upcoming court appearances will be closely watched, not only by the legal community but also by the wider art world, as it navigates the fallout from one of Canada’s most significant art fraud cases in recent memory.

Art collectors and individuals who believe they may have been affected by this case are encouraged to contact the Saanich Police Department to inquire about any unclaimed pieces. Additionally, the case serves as a reminder for anyone involved in high-value art transactions to work with reputable dealers and to keep thorough documentation of all transactions.

As with any investment, whether in art or other ventures, it is crucial to be cautious and informed. Art fraud can devastate personal collections and finances, but by taking steps to verify authenticity, provenance, and the reputation of dealers, collectors can help safeguard their valuable pieces.

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Ukrainian sells art in Essex while stuck in a warzone – BBC.com

Published

2 weeks ago

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September 2, 2024

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Ukrainian sells art in Essex while stuck in a warzone  BBC.com

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Somerset House Fire: Courtauld Gallery Reopens, Rest of Landmark Closed

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4 weeks ago

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August 18, 2024

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The Courtauld Gallery at Somerset House has reopened its doors to the public after a fire swept through the historic building in central London. While the gallery has resumed operations, the rest of the iconic site remains closed “until further notice.”

On Saturday, approximately 125 firefighters were called to the scene to battle the blaze, which sent smoke billowing across the city. Fortunately, the fire occurred in a part of the building not housing valuable artworks, and no injuries were reported. Authorities are still investigating the cause of the fire.

Despite the disruption, art lovers queued outside the gallery before it reopened at 10:00 BST on Sunday. One visitor expressed his relief, saying, “I was sad to see the fire, but I’m relieved the art is safe.”

The Clark family, visiting London from Washington state, USA, had a unique perspective on the incident. While sightseeing on the London Eye, they watched as firefighters tackled the flames. Paul Clark, accompanied by his wife Jiorgia and their four children, shared their concern for the safety of the artwork inside Somerset House. “It was sad to see,” Mr. Clark told the BBC. As a fan of Vincent Van Gogh, he was particularly relieved to learn that the painter’s famous Self-Portrait with Bandaged Ear had not been affected by the fire.

Blaze in the West Wing

The fire broke out around midday on Saturday in the west wing of Somerset House, a section of the building primarily used for offices and storage. Jonathan Reekie, director of Somerset House Trust, assured the public that “no valuable artefacts or artworks” were located in that part of the building. By Sunday, fire engines were still stationed outside as investigations into the fire’s origin continued.

About Somerset House

Located on the Strand in central London, Somerset House is a prominent arts venue with a rich history dating back to the Georgian era. Built on the site of a former Tudor palace, the complex is known for its iconic courtyard and is home to the Courtauld Gallery. The gallery houses a prestigious collection from the Samuel Courtauld Trust, showcasing masterpieces from the Middle Ages to the 20th century. Among the notable works are pieces by impressionist legends such as Edouard Manet, Claude Monet, Paul Cézanne, and Vincent Van Gogh.

Somerset House regularly hosts cultural exhibitions and public events, including its popular winter ice skating sessions in the courtyard. However, for now, the venue remains partially closed as authorities ensure the safety of the site following the fire.

Art lovers and the Somerset House community can take solace in knowing that the invaluable collection remains unharmed, and the Courtauld Gallery continues to welcome visitors, offering a reprieve amid the disruption.

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