IOWA CITY, Iowa -- Big Ten referee Jim Bain, who said his reputation was injured when two Iowa Hawkeye fans sold T-shirts depicting him with a rope around his neck, was awarded $12,230 in damages Thursday from two fans.
The jury ruled that John and Karen Gillispie of Iowa City placed Bain in a false light, invaded his privacy and profited off his likeness when they issued the 'Jim Bain Fan Club' T-shirts.
The shirts were manufactured shortly after Bain made a controversial foul call in a 1982 basketball game between Iowa and Purdue. The call allowed Purdue to make a free throw and win the game.
The jury awarded Bain $1,000 for invasion of privacy, $5,000 for emotional distress and $5,000 punitive damages. He also was awarded $1,230 for a $3 share of each of the 410 shirts the Gillispie's claim to have sold.
However, the jury rejected Bain's claim for libel damages.
The verdict, reached after a day and a half of deliberations, supported Bain's claim that his foul call did not make him a public figure open to public criticism.
'The public recognizes that decision makers need protection so they can continue to do the difficult job of making difficult decisions,' said Bain's lawyer David Dutton.
'I think it indicates there is a line that can be drawn between what we consider to be appropriate criticism of an official's call and statements or conduct which advocate violence.'
Bain and Big Ten officials refused comment on the award. An attorney for the Gillispies said no decision has been made whether to appeal the verdict.
'We're obviously disappointed but we thought the jury worked long and hard,' attorney Jay Honahan said.
The T-shirts were prompted by the final seconds of the March 6, 1982 Iowa-Purdue game when Bain called a foul on Hawkeye forward Kevin Boyle with the score tied at 65 and no time left on the clock.
Videotapes showed Boyle a dozen feet from the action. Bain testified during the court proceedings last week that the foul should have been called on Iowa center Greg Stokes.
The foul call sent Purdue's Dan Palombizio to the free throw line where he hit the first free throw to give Purdue a 66-65 win and knock Iowa out of the Big Ten championship race.
Dutton, an Iowa alumnus and longtime Hawkeye fan, remembers watching the game. He said he was disappointed when his client called the foul that led to the Purdue victory.
'We were disappointed and confused too,' Dutton said. 'But not necessarily at the officiating.'
