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New Mexico State settles lawsuit with former basketball players for $8 million

New Mexico State University settled a lawsuit with former basketball players Deuce Benjamin and Shakiru Odunewu, as well as Aggies Hall of Famer William Benjamin.

William and Deuce Benjamin were awarded $4.125 million according to the settlement agreement that was released by the state's Risk Management Division on Wednesday. Odunewu settled for $3.875 million, per the agreement.

The agreement also states New Mexico State has until July 31 to pay both settlements. According to an NMSU spokesperson, the Risk Management Division will pay 100% of the settlement to the plaintiffs.

"Clearly the lawsuit claims were taken very seriously by NMSU and they recognized the great deal of harm caused to these gentlemen," said attorney Joleen Youngers, who represented William and Deuce Benjamin. "The way civil justice works, money justice is an imperfect way of righting a wrong. If my clients had their choice and could turn back time, the preferable scenario would have been for none of this to have happened and for Deuce to have carried out the basketball legacy he and his father had intended."

According to its website, the Risk Management Division provides multi-line insurance coverage programs, dispute prevention and resolution services, and legal defense for state agencies — such as universities.

The settlement amount was reached, "purely on a compromise basis and is not and shall not be construed as an admission of liability by the Defendant," the agreement reads.

Deuce Benjamin, left, tears up while speaking about the assault he faced while playing for NMSU during a news conference held by the two former NMSU players and their lawyers on Wednesday, May 3, 2023, at New Mexico State University. The lawsuit alleges that the freshman players were sexually assaulted by older players and the school failed to intervene despite being aware of the assaults.

The New Mexico State University Board of Regents were named in an April 19 lawsuit alleging negligence, loss of consortium — or familial relation impacts — sexual assault, battery and false imprisonment, along with former head coach Greg Heiar, former assistant coach Dominique Taylor and former players DeShawndre Washington, Doctor Bradley and Kim Aiken Jr.

Former NMSU basketball player Shakiru Odunewu speaks during a news conference held by the two former NMSU players and their lawyers on Wednesday, May 3, 2023, at New Mexico State University. The lawsuit alleges that the freshman players were sexually assaulted by older players and the school failed to intervene despite being aware of the assaults.
Former NMSU basketball player Shakiru Odunewu speaks during a news conference held by the two former NMSU players and their lawyers on Wednesday, May 3, 2023, at New Mexico State University. The lawsuit alleges that the freshman players were sexually assaulted by older players and the school failed to intervene despite being aware of the assaults.

The NMSU Board of Regents were listed as the Defendant in the settle agreements.

The settlement agreement for all three parties states that, "In exchange for adequate consideration, the parties have agreed to settle the matter without admitting or conceding liability as to any matter at issue and Plaintiffs agree to release the Defendant and dismiss the complaint with prejudice."

Heiar was fired in February of his first season following a New Mexico State University Police report filed by Deuce Benjamin on Feb. 10 alleging multiple incidents that were described as hazing at the time.

While the lawsuit has been settled, the New Mexico Attorney General's office is still investigating sexual assault allegations against three former New Mexico State University basketball players and the university's response to the alleged assaults.

"I know the matter is being actively investigated," Youngers said.

Jason Groves can be reached at 575-541-5459 or jgroves@lcsun-news.com. Follow him on Twitter @jpgroves.

This article originally appeared on Las Cruces Sun-News: New Mexico State settles lawsuit with former basketball players for $8 million