In sum, it shows guards repeatedly placing their hands on Oakley as they instruct him to leave. We have the video and a breakdown of what happened HERE. The entire encounter was caught on video. Now Oak is headed back to the Appellate panel to try to win back his day in court and have the Judge’s latest decision reversed. In an odd twist, the District Judge again dismissed those assault and battery claims by granting Dolan a win on summary judgment earlier this month, despite the Appellate Court saying a Jury should decide them. The three Judge panel reinstated the assault and battery claims and wrote that a jury should decide whether an unreasonable amount of force was used by guards against the Knicks legend. In fact, a New York Appellate Court found in favor of Oakley last year, after the District Judge dismissed his claims against Dolan for false imprisonment, defamation and assault and battery. Indeed, as this Court earlier observed, ‘rom its inception, this case has had the feel of a public relations campaign.’ Now, this Court has dismissed Oakley’s remaining assault and battery claims, finding them so “blatantly contradicted by the video record that no reasonable jury could believe them.”
“While Oakley’s few remaining claims have now been dismissed, he and his counsel have pursued-and continue to pursue-baseless allegations that they knew from the outset were false, but which furthered their smear campaign. The case has been ongoing for more than four years and now Dolan and his attorneys want Oakley sanctioned because he won’t give up the fight.
The orders to remove him allegedly came from Dolan. The violent altercation stunned fans at the Garden as the power forward was forcibly removed by at least six security guards and thrown to the ground several times, after shoving guards off of him.
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