Breaking down former USC star Reggie Bush's defamation complaint against NCAA

Former USC running back Reggie Bush filed a defamation suit against the NCAA on Wednesday, his attorneys announced in a press conference at Los Angeles Memorial Coliseum. The lawsuit is rooted in comments from July 2021 made by an NCAA spokesperson stating Bush participated in “pay-to-play” activities.

Speaking in front of media members Wednesday, Bush talked about his wishes to return to The Coliseum with his number officially retired and Heisman Trophy back in his possession. Yet, the award is handed out by the Heisman Trust. While the organization says it must adhere to NCAA regulations, Bush appears to be waging a public relations battle through the lawsuit.

Here’s what you need to know about the complaint:

• The lawsuit stems from an NCAA statement that was issued in July 2021 after ESPN asked if Bush’s records should be restored given the NCAA installing its interim NIL policy. “NCAA rules still do not permit pay-for-play type arrangements,” an NCAA spokesperson said in 2021. “The NCAA infractions process exists to promote fairness in college sports. The rules that govern fair play are voted on, agreed to and expected to be upheld by all NCAA member schools.”
  
• According to the complaint filed in Indiana’s Marion Superior Court, the statement is, “completely false and highly offensive.” The NCAA is headquartered in Indianapolis. The lawsuit goes on to say the NCAA made its comments, “knowing it was false or with reckless disregard of its veracity. The statement was made with willful and wanton intent.”
  
• Along with filing the complaint, Bush’s attorneys have launched a petition seeking 10,000 signatures, “to restore Reggie Bush’s collegiate records so he can reclaim his Heisman Trophy.” As of Wednesday afternoon, the petition has received more than 1,050 signatures.
  
• Much of this ties back to 2010 when Bush forfeited his Heisman after an NCAA investigation decided the running back and his family accepted extra benefits during his time at USC. He also had to disassociate himself from the school for 10 years. The 30-page complaint filed Wednesday spends significant outlining the NCAA’s investigation from the 2000s.
  
• Bush is requesting a trial by jury, seeking presumed, compensatory and punitive damages for defamation and false light.

Can Reggie Bush win defamation lawsuit?

Reggie Bush was one of the most talented names to ever play college football, closing out his USC career with 3,169 rushing yards and 25 touchdowns. Wednesday’s complaint makes his intentions clear to recover his Heisman Trophy.

The former NFL running back is being represented by Levi G. McCathern and Ty M. Sheaks of McCathern, PLLC. How far this lawsuit goes in court remains to be seen. It’s doubtful the NCAA would open itself up, especially considering the other legal ramifications that could follow.

The Heisman Trust remains the best course of action for Bush to repossess his Heisman Trophy. IP attorney Darren Heitner, who has become a notable name in the name, image and likeness world, has a hard time seeing Bush’s path to a victory in the courtroom.

“The lengthy complaint reads like an unnecessarily wordy press release and is bare as to the legal basis for the claim which, as a public figure, is incredibly difficult to prevail on even if meritorious,” Heitner told On3. “Bush seemingly wants to pin the NCAA for a comment made by an employee who purportedly said that Bush engaged in a ‘pay-for-play type arrangement’ while he was in school. While he may not have received payment directly for participation in sport, could any money that he received be construed as being a type of that kind of arrangement?

“Furthermore, what is the repetitional damage suffered as a result of the commentary? His story is well told and I can’t see how the comment attributed to [Meg] Durham changes anyone’s mind. This looks like a waste of time and money.”