Ben Roethlisberger's legal team has asked a Nevada judge to penalize his accuser's lawyer, claiming that the suit accusing the Steelers quarterback of rape was little more than a poorly researched act of extortion.
In seeking sanctions under Nevada's rules of civil procedure against Calvin R. X. Dunlap, lawyer John Echeverria called the suit against the sports superstar "frivolous," "abusive," and "a scheme masquerading as a lawsuit."
Roethlisberger's lawyers notified Dunlap last month that they would seek penalties unless he rectified what they perceived as problems with the suit -- in other words, unless he withdrew the complaint.
They provided Dunlap with a copy of the filing, which was formally submitted Wednesday to Judge Brent Adams of Washoe County's Second Judicial District Court.
Rule 11 of Nevada's Rules of Civil Procedure tells lawyers to make sure suits are not frivolous or for "improper" purposes such as harassment, and that they are supported by evidence.
Echeverria claims that the suit by the 31-year-old plaintiff violates all those restrictions. He said Dunlap should be held responsible and sanctioned to deter copycat complaints.
The woman, who was a VIP hostess at Harrah's Lake Tahoe during a July 2008 celebrity golf tournament, claims Roethlisberger, 27, raped her in his hotel room.
She sued him and eight current or former Harrah's employees, accusing them of brushing aside her complaint and trying to cover up the alleged assault.
Roethlisberger and others have denied the allegations.
"Unfortunately plaintiff has welded together false allegations to punish her employer and coerce a windfall from an admired, civic-minded and successful professional football star," Echeverria wrote.
The Pittsburgh Post-Gazette does not name alleged victims of sexual assault.
A request for sanctions is nothing new in the legal world.
Phil Pattee, assistant bar counsel for the State Bar of Nevada, said such a filing is commonplace, akin to requesting a dismissal of charges or summary judgment.
"It might be valid, it might not be. It's just one of those arrows in the quiver of the defense attorney," Pattee said. "It's a standard motion."
Echeverria did not request a specific punishment for Dunlap, a respected name in the Reno legal community. The courts have latitude to impose a sanction that can be monetary or not with the goal of deterring bad behavior in the future.
Dunlap did not respond to requests for comment.
Also yesterday, Echeverria asked the court to dismiss the complaint.