Barry

I.

FACTS

Plaintiff, Pete Barry (“Barry”), is the former head basketball coach at the University of San Francisco (“USF”). Defendant Quintín Dailey (“Dailey”) was a star player on the USF basketball team, and is now a professional basketball player for . the Chicago Bulls. This action for libel (against defendant Time, Inc.) and slander (against defendant Dailey) arises out of two articles in the July 26, 1982 and August 9, 1982 editions of Sports Illustrated, one of defendant Time’s publications. These articles focus on USF’s investigation of charges that Dailey had received improper payments, in violation of the rules of the National Collegiate Athletic Association (“NCAA”), from a company owned by J. Luiz Zabala, a USF supporter. Both articles also note that Dailey had recently pled guilty to aggravated assault charges against a female USF student. The controversy surrounding the allegations of illegal recruiting methods ultimately led the President of USF, the Reverend John Lo Schiavo, to cancel the men’s basketball program in August of 1982.

The statements giving rise to the present lawsuit involve Dailey’s accusation that the coach, Barry, was involved in the…