What's next for former Indiana basketball players who filed federal lawsuit against IU?

Indianapolis Star

07-05-2025

Former Indiana basketball players including Haris Mujezinovic and Charlie Miller filed a federal class action lawsuit against the school in October.
The former IU players allege they were subject to "medically unnecessary, invasive, and sexually abusive rectal examinations" by former team physician Dr. Brad Bomba Sr.
The independent investigation conducted by Jones Day into the allegations concluded that Bomba didn't act in "bad faith."
BLOOMINGTON — The recently released report from Jones Day into the conduct of former Indiana basketball team physician Dr. Brad Bomba Sr. has already made its way into legal filings in the related federal class action lawsuit filed by a group of former IU players.
DeLaney & DeLaney, an Indianapolis-based law firm representing the players, filed a motion with the court less than 24 hours after the report was made available Thursday to the public that sought to use the document in an argument opposing Indiana University's request to postpone discovery in the case.
Former Indiana basketball player Haris Mujezinovic, along with Charlie Miller, filed a federal class action lawsuit in October against the school, alleging they were "routinely and repeatedly" subject to "medically unnecessary, invasive, and sexually abusive rectal examinations" by Bomba.
Indiana hired Jones Day in September to conduct an independent investigation in response to a letter it received on behalf of Mujezinovic that detailed those allegations.
While the Jones Day report concluded that Bomba did not act in "bad faith" or "improper purpose" in conducting digital rectal examinations (DREs) as a routine part of his annual physical examinations (PPEs) — the report states he conducted those tests in a clinically appropriate manner and there was no element of sexual gratification — the litigation continues to work its way through court.
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Federal class action lawsuit related to Dr. Brad Bomba's alleged misconduct working its way through court
Mujezinovic and Miller were joined by fellow former Indiana players John Flowers and Larry Richardson Jr. as plaintiffs in amended complaints that were filed with the court in recent months. Former Indiana team trainer Tim Garl was added as a defendant in the case.
In the most recent complaint filed in the U.S. District Court for the Southern District of Indiana on April 7, the former Indiana student-athletes allege that the school 'systemically mishandled and turned a blind eye to Dr. Bomba Sr.'s sexual misconduct' with a policy of 'deliberate indifference.'
The complaint states that Garl had knowledge of Bomba's conduct and still assigned student-athletes to him for physical exams.
Garl, who served as the team's athletic trainer for four-plus decades, wasn't retained after former Indiana basketball Mike Woodson stepped down at the end of the 2025 season. He released a statement through his attorney March 31 announcing his departure.
Indiana athletic director Scott Dolson informed Garl that the basketball program was looking for a 'fresh start' for the training staff under new coach Darian DeVries, the statement said.
Jones Day interviewed Garl as part of its investigation — it even conducted a "manual search" of his office for documentation — and the law firm concluded he had a "good faith" belief the DREs that Bomba conducted were medically appropriate.
"Garl appears to have given deference to Dr. Bomba's medical expertise," the report states. "In addition, his experiences at other schools and the lack of complaints about Dr. Bomba reasonably could have led him to assume that Dr. Bomba was acting in accordance with the prevailing medical standard of care at the time."
The most recent complaint from the players also states that coach Bob Knight, former basketball athletic trainer Bob Young and former IU football player George Taliaferro who previously worked in the president's office, had knowledge of Bomba's actions as early as 1979, but didn't take any action.
Those allegations stem from the sworn testimony submitted March 20 from former Indiana basketball player Butch Carter.
Carter, who played from 1976 to 1980 and was a former team captain, isn't a named plaintiff in the lawsuit, but he came forward in support of the former players' claim. He spoke with Jones Day before the declaration was filed with the court and the law firm investigated his claims.
"We were unable to uncover any evidence of what, if anything, was done in response to Carter's complaints," the report states. "From Carter's perspective, no action was taken. Taliaferro, Young, and Knight, as well as former team physician Dr. John Miller, are deceased so we have only Carter's account of these conversations. Whether any of these individuals would have viewed DREs as inappropriate is unclear, especially given that other physicians (e.g., in the military, NBA, and Bloomington community) appear to have included DREs in annual physicals of young men."
Magistrate judge Mario Garcia approved a case management plan March 7 with a proposed trail date of September 2026, but the lawyers representing Indiana University and Garl filed separate motions to have the case dismissed in April. The school is being represented Barnes & Thornburg while Garl has retained Dinsmore & Shohl.
Brad Bomba Sr. won't sit down for follow-up deposition in federal lawsuit
Recent court filings revealed Bomba is in declining health after the plaintiffs in the case sought a follow-up deposition.
While the court ruled Bomba was competent to testify at a December hearing, his guardian, Joseph Bomba, submitted an affidavit from a doctor who examined his father March 26 and recommended him for hospice care.
'Subjecting him to a court proceeding or deposition, even with accommodations intended to ease the experience, would, in reasonable likelihood, cause serious medical harm and may contribute to or hasten his death,' the affidavit stated.
Bomba invoked his Fifth Amendment right 45 times at his initial deposition Dec. 4.
In response to a motion from the plaintiffs, Garcia ruled that Bomba improperly invoked the privilege on numerous occasions and needed to re-sit for another deposition to answer those questions (and reasonable follow-ups), but reversed course in April 1 ruling.
'The court sympathizes with plaintiffs' many frustrations. But Dr. Heady has made serious statements under oath about the critical risk of a deposition to Dr. Bomba's health as he begins end of life care,' Garcia's ruling stated. 'Moreover, as a non-party (albeit, the individual whose alleged conduct is at the heart of the lawsuit), Dr. Bomba burdensome argument is particularly strong.'
As noted in Jones Day's report, Bomba didn't sit down for an interview as part of the law firms investigation citing the same health concerns his attorney has outlined in court.