May 5, 2012 1:23 PM by Associated Press
The Alabama man accused of committing sexual battery on an unconscious LSU fan after the BCS championship football game is being sued. The LSU fan filed a lawsuit Friday against Brian Downing of Smiths Station, Ala. Downing's lawyer declined comment Friday night, saying he hadn't had a chance to read the lawsuit because neither he nor his client had been served. Downing, 32, was booked on charges of sexual battery and obscenity but the New Orleans district attorney has until June 20 to decide whether to prosecute. A video that went viral on the Internet is believed to have been taken at a fast-food restaurant after Alabama defeated LSU on Jan. 9. A man clad in Crimson Tide attire appears to perform a simulated sex act on the LSU fan. The lawsuit does not specify a dollar figure for damages. It says the LSU fan suffered "mental anguish, humiliation, embarrassment, anxiety and depression ... damage to reputation" and lost tuition payments "for having to withdraw from school."
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