Auburn student files suit against Tiger player over fight

AUBURN — A lawsuit filed against Auburn running back Eric Smith on Tuesday alleges that two other Auburn football players were involved in the August incident that left an Auburn University student unconscious and bloodied.

The lawsuit, filed by the victim Decari Jenkins, 22, seeks compensatory and punitive damages for the injuries and post-injury trauma he suffered at the hands of Smith, 20, and two unnamed Auburn players, according to a copy of the suit provided to the Opelika-Auburn News by the Birmingham law firm Crew & Howell, P.C.

The suit is being filed in U.S. District Court in Montgomery.

Jenkins, a fifth-year engineering student, has “suffered and continues to suffer grievous and permanent injury,” according to the suit, including classic Post-Concussion Syndrome, which, along with the injuries, has “significantly impaired his ability to execute his education.” He also has substantial “hospital, diagnostic and medical bills,” according to the lawsuit.

The lawsuit says Jenkins and a friend were attending a function at the Lexington Hotel on Aug. 21 when he was approached by “two presently unnamed Auburn football players in a provocative and belligerent manner.” Jenkins’ friend stepped in between the players and said: “We don’t want any trouble,” according to the lawsuit.

Jenkins said he was then punched by one of the players and rendered unconscious. Smith “then approached (Jenkins) in a hostile and aggressive manner and slapped a drink from his hand,” the lawsuit claims.

Smith was then joined by his “cohorts” and all three began to “pummel Jenkins with hands and fists about his face and body.” Jenkins was able to escape, fleeing down an outside stairway toward the front of the hotel, the suit claims.

While trying to make a phone call with his back facing the main entrance of the hotel, Jenkins went “limp immediately,” as he was punched in the back of the head by Smith in front of police officers who were called to the scene, according to the lawsuit.

“Smith then kicked (Jenkins), turned away from the officers and casually walked away as if nothing happened, leaving Jenkins unconscious in a pool of blood,” the lawsuit says.

Smith was arrested and charged with disorderly conduct. He pled guilty and was granted youthful offender status, which effectively seals the case to the public. He later filed a countersuit alleging harassment against Jenkins, which was later dismissed with prejudice, according to the lawsuit.

Smith told officers at the scene that Jenkins punched him in the nose earlier in the night, according to a police report filed immediately after the incident.
Smith “did appear to have blood coming from his nose at the time of the incident,” the police report says.

Smith missed nearly three weeks of practice and Auburn’s first game before returning to the team days before the Tigers’ second game of the season against Mississippi State. He has not missed any time since his return to the field and has received constant praise from coach Gene Chizik.

“We made a series of things that he’s still continuing to do that we felt like were going to be what he needed to do to get back,” Chizik said in early October. “And he’s been great.”

Smith has rushed for 99 yards on 20 carries. He is Auburn’s fourth-leading receiver with 17 catches for 225 yards.