Texas

FULL LAWSUIT: Dr. Hillary Cauthen’s case against Josh Primo, Spurs over alleged indecent exposure

November 3, 2022
Cody King

SAN ANTONIO – Former San Antonio Spurs guard Josh Primo is being sued by a former Spurs’ performance psychologist after allegedly exposing himself to her during multiple counseling sessions.

Dr. Hillary Cauthen and attorney Tony Buzbee spoke about the case publicly for the first time on Thursday after someone within the Spurs organization allegedly leaked information.

The lawsuit was filed in the 45th District Court in Bexar County, naming the Spurs and Primo.

Cauthen alleges in the lawsuit that she first reported the incidents involving Primo to the team in January 2022, but no action was taken.

She said her duties for the Spurs eventually became limited after she spoke out on the alleged incidents. And, on Aug. 31, the Spurs opted to not renew their contract with her but had not penalized Primo.

The lawsuit claims that Primo exposed himself nine times total to Cauthen during private sessions. After the allegations surfaced, the Spurs chose to cut ties with the former guard.

The team remained tight-lipped about what led them to release Primo after announcing his departure last week.

Cauthen claims she was silenced by the Spurs after speaking out against Primo, leading her to take legal action.

“The organization I worked for has failed me,” Cauthen said. “I spoke up, I asked for help, I gave options.”

According to the lawsuit, Cauthen alleges the following against Primo:

Negligence and gross negligence

The lawsuit states Primo’s conduct “was intentional, unreasonable and thus negligent and grossly negligent.”
As stated in the lawsuit, Primo:
Scheduled appointments to be alone with Cauthen, knowing of his own sexual proclivities
Failed to warn Cauthen of his proclivities and his past conduct
Exposed himself to Cauthen
Failed to obtain Cauthen’s consent before the exposure
Engaged in sexual misconduct even though Cauthen did not give consent
Failed to take steps during the appointments to control his unusual sexual proclivities

According to the lawsuit, the Spurs organization is accused of:

Failing to prevent Primo from harassing Cauthen
Negligently hiring, supervising, controlling and retaining Primo
Failing to properly supervise and control Primo
Failing to create or enforce policies to prevent misconduct
Failing to take precautions before appointments with Cauthen to prevent further incidents
Failing to warn Cauthen of Primo’s proclivities and past conduct
Failing to take steps during the appointments to control his unusual sexual proclivities
Providing a safe haven for Primo to continue his conduct
Providing Primo a room where he could engage in illicit behavior
Failing to investigate Primo’s behavior
Turning a blind eye that Primo was seeking sex instead of therapy
Failing to investigate complaints against Primo
Creating an atmosphere that allowed Primo to seek sexual conduct with staff

Damages sought in the lawsuit

According to the lawsuit, Cauthen is seeking damages for the following:

Conscious physical and mental pain and suffering and anguish, past and future
Physical impairment, past and future
Loss of enjoyment of life and peace of mind, past and future
Reasonable and necessary medical, counseling, psychiatric, therapeutic and related expenses, past and future

Spurs issue statement on lawsuit

Hours after the press conference was held by Cauthen and Buzbee, Spurs Sports & Entertainment CEO RC Buford issued a statement on the lawsuit, saying the organization disagrees with the allegations.

He added the Spurs want to share more information but will abide by the legal process.

“We disagree with the accuracy of facts, details and timeline presented today. While we would like to share more information, we will allow the legal process to play out.

“Our organization remains committed to upholding the highest standards and will continue to live by our values and culture.”

Primo’s attorney speaks on allegations

Primo’s attorney, William J. Briggs II, issued a statement on his behalf, saying he has suffered “a lifetime of trauma and challenges.”

Briggs also alleged that Cauthen’s accusations against Primo are false, and she is “playing to ugly stereotypes and racially charged fears for her own financial benefit.”

You can read the full statement from Primo below.

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