Latest news with #DREs
Indianapolis Star
07-05-2025
- Health
- Indianapolis Star
What's next for former Indiana basketball players who filed federal lawsuit against IU?
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. Need a break? Play the USA TODAY Daily Crossword Puzzle. 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.
Indianapolis Star
01-05-2025
- Health
- Indianapolis Star
Law firm's probe suggests no special treatment for Indiana basketball compared to other sports
A sexual conduct investigation into former IU basketball team physician Dr. Brad Bomba Sr. led to recommendations for the program and IU athletics from law firm Jones Day. Among them was specialized treatment for the men's basketball program that other student athletes did not receive should stop. BLOOMINGTON — While a report released Thursday did not find evidence of sexual misconduct on the part of former Indiana basketball team physician Brad Bomba Sr., it did set out a series of recommendations for IU's athletic department to consider implementing moving forward. Multiple former IU men's basketball players came forward across a series of public statements or legal actions in 2024, accusing Bomba — who served as IU's team physician for much of Bob Knight's tenure — of misconduct regarding digital rectal examinations (DREs). In response, the university engaged law firm Jones Day to conduct an independent review of the allegations. Jones Day's report, released Thursday morning, concluded in part that Bomba 'conducted these examinations in a clinically appropriate manner,' and stated Jones Day 'uncovered no evidence to suggests that Dr. Bomba obtained sexual gratification in completing DREs, or that there was any sexual connotation to his examinations of student athletes.' However, the report did reserve several pages for recommendations to IU's athletic department going forward, most notably among them that it reconsider a culture of separating its men's basketball program from the rest of the department medically. 'Understanding that the IU basketball program has the resources and desire to provide premium (and oftentimes separate) medical care to its players beyond the care offered to other sports,' the report reads, 'the university may benefit from bringing certain aspects of the basketball team's care in line with other sports at IU.' Jones Day's report notes that as early as 1979, coach Bob Knight made efforts to carve his team's medical care out from the normal procedures followed by IU athletes. Whereas most athletes at that time received standard medical care, including preparticipation physical examinations (PPEs) through IU's student health center, Knight moved to provide more specialized care for his athletes, including thorough cardiovascular examinations from recently retired team doctor Larry Rink and PPEs through Bomba. Such specialized practice, the report noted, continues in some ways to this day. One of its several recommendations is a more standardized offering of medical care across IU's athletic department, including conducting standard PPEs for men's basketball players in the same location and manner done 'for all other IU student athletes.' 'Such an approach will standardize some of the care provided to basketball players, ensuring their primary physical examinations are not out of line with those received by other athletes,' the report reads, 'without sacrificing the quality of care provided beyond those exams.' The report notes that some witnesses interviewed by Jones Day attribute the change in medical-care practices 'to coach Knight's desire for control and an effort to establish a private 'fiefdom' over the basketball program.' But it also suggests 'several witnesses' believed Knight made that change 'motivated by a desire to ensure his players received individualized and attentive care from physicians hand-picked to provide the best treatment possible.' At one point, the report cites Rink as equating IU's annual physicals to ones that might be performed at the renown Cleveland or Mayo clinics. The report also reads: 'Basically players' PPEs were described as more akin to executive or concierge-level physicals that would include dental, vision, orthopedic, and cardiology exams that were not provided to other IU athletes.' Rink retired from his position as team physician following last season's conclusion. Longtime team trainer Tim Garl, also interviewed for the report, was informed by athletic director Scott Dolson he would not be retained, with Dolson citing a desire for a 'fresh start' for the men's basketball program's sports medicine staff, per a statement from an attorney representing Garl. Jones Day recommendations offered in investigation report ● Mandating continuing medical education for team physicians. ● Enhancing policy and training on sensitive exams. ● Training on and clarification of IU policies for contracted team physicians. ● Training to address athletic department culture and how to identify student athlete reports of misconduct. ● Formalizing a policy for trainers and medical staff report concerns to the athletic department's chief medical officer. ● Requesting access to contracted team physicians' credentialing files. ● Requiring IU Health to notify IU of complaints that might be made about team physicians outside the scope of their work with the university (in private practice, for example). Summarizing its findings and recommendations, the report noted IU 'has created more robust policies, reporting structures and oversight within its sports medicine department' across the last several years. It acknowledged the department's 'supervision of the basketball program's training and medical staff is now aligned with other sports teams at (IU),' and credited the university as it 'encourages and regularly trains staff and players to report concerns about sexual misconduct.' 'There has undoubtedly been significant progress made in professionalizing the IU sports medicine department over the past two decades,' the report reads. 'Nonetheless, we believe the additional measures we recommend herein for the university's consideration may help protect student athletes and prevent future issues related to evolving standards of care and alleged physician misconduct.'
Indianapolis Star
01-05-2025
- Sport
- Indianapolis Star
Law firm finds that former Indiana basketball team physician didn't act 'in bad faith'
Indiana University hired Jones Day, an international law firm with experience in sensitive investigations, in September to investigate the allegations against Dr Brad Bomba Sr. Dr. Brad Bomba Sr. was a team physician for the mens' basketball team for several decades. Jones Day interviewed close to 100 people, reviewed more than 100,000 documents and 10,000 emails as part of its investigation. BLOOMINGTON — An independent investigation found Thursday that former Indiana basketball team physician Brad Bomba Sr. did not act "in bad faith or with an improper purpose" while conducting examinations through his career, according to an 874-page investigation report Indiana University released. The school hired Jones Day, a prominent international law firm with experience in sensitive investigations, in September after receiving a letter on behalf of a former student-athlete, later confirmed to be Haris Mujezinovic, accusing Bomba of performing inappropriate prostate exams during annual physicals. Mujezinovic along with Charlie Miller filed a federal class action lawsuit in October against the school related to Bomba's conduct. The report concluded that Bomba conducted digital rectal examinations (DREs) as a routine part of his annual physical examinations (PPEs) of players throughout his tenure and those examinations were 'by virtually all accounts' conducted in a clinically appropriate manner. Jones Day also found no evidence to suggest Bomba obtained any sexual gratification in performing the tests. 'The evidence did not lead us to conclude that Dr. Bomba acted in bad faith or with an improper purpose when performing DREs while conducting thorough and complete PPEs of a college-age student athletes,' the report states. Need a break? Play the USA TODAY Daily Crossword Puzzle. DeLaney & DeLaney, the law firm representing the plaintiffs in a class action lawsuit against Indiana University and Tim Garl, responded to the report stating, 'The Jones Day report confirms that IU officials knew that Dr. Bomba, Sr. was penetrating these young athletes' rectums and IU refused to stop it.' An attorney representing Bomba provided USA Today Network with a statement from Bomba's son, Dr. Brad Bomba Jr.: "Our family has not had a chance to read the 874 pages of the Jones Day report in full but we understand its conclusion affirms what we have known our entire lives, which is that our father was a caring physician who treated his patients in a clinically appropriate manner, always placing their health as his top priority." "Indiana University will continue to work toward ensuring the safety and well-being of all members of our community and will continue to take any and all allegations of misconduct seriously," the university said in the release of the report. According to the 874-page report, Jones Day interviewed close to 100 people, including multiple student-athletes from each decade that Bomba served as team physician, and reviewed more than 100,000 documents spanning six decades, as well as 10,000 emails. The law firm also retained three independent medical experts with a background in sports medicine and high-level athletics. Jones Day cited the opinions of those experts to conclude that it was 'not clearly unreasonable' for Bomba to include DREs as part of the basketball team's annual physical exams. Jones Day has worked on similarly prominent investigations in college athletics, either as representation or in providing independent review of facts, including cases at Michigan and Michigan State in recent years. Jones Day investigation report into former Indiana basketball physician Dr. Brad Bomba Sr
Yahoo
01-03-2025
- Yahoo
Oconto Police Sergeant celebrated for accomplishments in first year as Drug Recognition Expert
OCONTO, Wis. (WFRV) – The Oconto Police Department congratulated one of its sergeants on Friday for his accomplishments as a Drug Recognition Expert (DRE). Sergeant Brad Shearer led his region with 21 enforcement evaluations in his first year as a DRE, immediately making a difference in the community after being trained, thus, being awarded the 2024 DRE Outstanding Performance Award and a Top 10 DRE award. 'Doesn't usually 'snow' in July': Sheriff in Wisconsin posts footage of suspect tossing cocaine out window amid pursuit DREs are officers that are specially trained to detect specific symptoms and behaviors caused by the use of drugs. Sgt. Shearer quickly became the go-to officer in DRE work, doing evaluations for other agencies even when not on the clock. The release said his active traffic enforcement is 'well-known' in Oconto County. Sgt. Shearer and his K-9 partner worked together to detect drugs in vehicles, made possible by his studying of traffic trends, which he used to make quality traffic stops and observe possible indicators of impairment or trafficking. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
CBS News
28-01-2025
- CBS News
Drug recognition experts are an extra step to keep impaired drivers off Colorado roadways
Law enforcement across Colorado is cracking down on DUI drivers in the state. Many police officers are becoming drug recognition experts, also known as DREs. They're used to spot an impaired driver, even when a breathalyzer and standard field sobriety test don't show results. A DRE is called to the scene once the police officer who pulled over the driver suspected of impaired driver has undergone tests. If the test is conducted and comes out clean but the driver shows even the slightest signs of impairment, a DRE is called for assistance. The purpose is to find what substance the driver is on and prevent them from getting back on the road while being under the influence. According to the Colorado Department of Transportation, there are 123 DRE workers in the state. They're usually law enforcement officers with extra training to look for signs of impairment. When pulling over a driver suspected of driving under the influence, officers look for the driver weaving in and out of traffic lanes, speeding, or driving too slowly. When it comes to impairment, it's more than just alcohol; drugs, cognitive issues, and prescription medications are other indicators. DREs are trained to go beyond Blood Alcohol Concentration tests, known as BACs, and focus on a different 12-step program to identify the problem. This focuses on the driver's physical, psychophysical -- or perception -- and toxicological levels. These tests are conducted off-site. CDOT tells CBS Colorado they can't keep letting impaired drivers out on the streets because initial tests don't show proper results. "It's very important to call a DRE to conduct an extra evaluation to really nail down what impairing substances the driver is on," Brittany Janes, drug recognition expert program manager for CDOT, said. "It could be a multitude of issues that go into this. Sometimes, it's irresponsibility. Sometimes it's further than that. It can be substance abuse, lack of awareness, or knowledge."
