Editor's Note: This story includes mention of sexual violence or assault.
A judge ruled Tuesday that former Indiana men’s basketball team physician Brad Bomba Sr. is competent to provide a deposition in a class action lawsuit filed against Indiana University.
Bomba was accused of sexual misconduct by former Indiana player Haris Mujezinovic in a complaint publicly released by IU on Sept. 11. On Oct. 15, Mujezinovic and former player Charlie Miller filed a class action lawsuit against IU, alleging the university “systemically mishandled” the players’ complaints of sexual misconduct from Bomba.
Mujezinovic played for Indiana from 1995-97, overlapping with Miller who played from 1994-98.
Initially, the plaintiffs in the case intended to serve a subpoena for Bomba’s deposition, while also calling for an expedited discovery due to his “quickly declining health.” The motion was originally agreed upon, but a few weeks later, Joseph Bomba, Brad Bomba Sr.’s son and guardian, filed a motion to quash the subpoena.
Bomba’s counsel cited Bomba’s incompetency to provide a deposition. Specifically, the counsel argued his “capacity to recall is severely impaired; he is unable to distinguish between truth and fiction; and he is incapable of asserting his Fifth Amendment rights.”
The plaintiffs responded that Bomba’s competency is irrelevant to the subpoena, there is no good reason to grant Bomba a protective order and the subpoena is a reasonable request that does not cause Bomba any prejudice.
Ultimately, the court ruled to deny Joseph Bomba’s motion to quash the subpoena, stating Brad Bomba Sr.’s testimony would be beneficial to both the plaintiff and defense. The court cited Bomba’s ability to determine a truth from a lie and his lack of stress or anxiety during the hearing as two key factors into the decision.
WFIU/WTIU reported that Bomba was unable to answer simple questions about his age and birthday. However, he managed to identify certain truths and lies, such as the fact the judge’s tie was red and not yellow.
Have a tip? Email us at sports@idsnews.com.
