Devin Haney on Friday filed a lawsuit against Ryan Garcia alleging battery, fraud and unjust enrichment while also naming Garcia’s promoter, Golden Boy Promotions, in the lawsuit demanding a full review and adjustment of accounting for their controversial bout that now stands as a no-contest.
In the April 20 fight against WBC 140-pound champion Haney, Garcia came in overweight, then proceeded to stunningly batter Haney with three knockdowns and prevail on the scorecards.
Days later, Garcia was found by the Voluntary Anti Doping Association and the New York State Athletic Commission to have the banned performance-enhancing substance Ostarine in his system, and his victory was later converted to the no-contest while Garcia was slapped with a year-long suspension and fines.
Haney attorney Pat English wrote in the 16-page filing that Haney is seeking punitive damages for the transgressions committed by Garcia.
“Devin is a consummate professional and Ryan Garcia has shown no respect for himself, the business or the sport,” Haney’s father-trainer, Bill Haney, told BoxingScene minutes after the lawsuit was filed in U.S. District Court in the Eastern District of New York, the venue where Garcia and Devin Haney fought at Brooklyn’s Barclays Center.
“Devin is the face of boxing because he has challenged the franchise in many ways – by working with multiple promoters, by crossing the sides of the street (among broadcasters), and now he’s challenging PED use. This is all for the good of the sport.”
As he did in petitioning the New York commission to suspend Garcia and vacate his victory, attorney English noted in Friday’s civil lawsuit that Garcia had signed documents vowing he had not used performance-enhancing drugs.
In the bout, Haney (31-0, 15 KOs) was immediately rocked and dazed by Garcia left hooks and then hit the canvas in the seventh, 10th and 11th rounds before Garcia’s hand was raised in victory by majority decision scores of 112-112, 114-110, 115-109.
Haney’s lawsuit repeats how Garcia was behaving erratically throughout the lead-up to the fight, talking incessantly on social media about conspiracy theories, acting strangely at their Hollywood news conference and finally missing weight by 3.5 pounds, swigging from a beer bottle while standing on the ceremonial scale.
In addition to three positive Ostarine results backed up by positive tests on the “B” samples, the Haney camp attached a YouTube video of Garcia taking an IV of fluid with a “yellowish tinge” before the bout.
“At no time did Devin Haney consent to engage in a bout against a boxer who was positive for a performance-enhancing drug, performance enhancing-procedure or masking agent and would not have proceeded with the bout had he known,” English wrote in the lawsuit. “The New York State Athletic Commission would not have permitted the bout had it known of the positive finding or of Garcia’s IV use.
“Adding insult to the Commission and to the sport of boxing, Mr. Garcia has
alleged that he was ‘high as f*ck during’ his bout with Mr. Haney. This very clearly brings disrepute on the sport of boxing and by derivation on the New
York State Athletic Commission.”
After Garcia named one individual for supplying him with Ostarine, Haney’s legal team wants to hold any such people responsible.
“The Actions of Ryan Garcia and those who assisted him evince a high degree of moral turpitude and demonstrate wonton dishonesty as to imply criminal indifference to his civil obligations as well as willful or wanton negligence, or recklessness, or where there is a conscious disregard of the rights of others or conduct so reckless as to amount to such disregard,” English wrote in the lawsuit.
In the battery count, Haney “at no time agreed to engage in a bout against an individual who had taken a performance-enhancing drug. His consent was limited to a bout held fairly and under the rules and prohibitions set forth above. Thus, the fighting (touching) by Garcia was non consensual. Devin Haney suffered damages in that he suffered physical injury, reputational damage which will amount to millions of dollars, and emotional and mental distress,” the lawsuit alleges.
Haney ultimately withdrew from defending his belt against WBC mandatory foe Sandor Martin, relinquishing his belt.
The fraud count is connected to Garcia’s signed claims that he would fight drug-free and that he would make weight for the title fight.
As for the unjust enrichment count, Haney’s legal team says Garcia does not deserve to keep his purse and pay-per-view cut.
“By virtue of his actions Ryan Garcia was enriched, at the expense of Devin Haney, to the tune of millions of dollars,” English wrote. “Specifically, Ryan Garcia advanced his reputation at the expense of Devin Haney. This translates to significant loss of future earnings for Devin Haney.
“Ryan Garcia additionally received millions of dollars to which he was not entitled. It is against equity and good conscience to permit Ryan Garcia to retain what is sought to be recovered in this action.”
As for Oscar De La Hoya’s Golden Boy Promotions, Haney claims he’s been deprived of funds demanded by a June 20 New York commission consent order.
“Under the terms of that consent order, Ryan Garcia must
return the (guaranteed, non-pay-per-view earnings) purse he has been paid to his promoter, Golden Boy. Devin Haney and Devin Haney Inc. are contractually entitled to 47% of all profits for the bout and is thus entitled to 47% of the funds required to be returned … Golden Boy has asserted that it will not share its extra profits from the bout as a result of the forfeiture ordered by the New York Athletic Commission. This constitutes a breach of contract by Golden Boy and /or and /or unjust enrichment to Golden Boy,” the lawsuit alleges.
Haney’s legal team is requesting further funds from Golden Boy due to Garcia to be placed in an escrow account.
Bill Haney said Friday that his son will still accept a rematch against Garcia as long as the purse money is acceptable and that Garcia is held to the most stringent of drug-testing screening.
Messages left Friday by BoxingScene for Garcia’s attorney and Golden Boy Promotions seeking their response to the lawsuit were not immediately returned.
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