Court in Public Records Act Case Sets Hearing on Scope of Attorney-Client Privilege Claim in University of California Documents on Ted Agu Football Death

My Diana Nyad Problem — And Ours
August 13, 2019
Former UC Berkeley Athletics Chief Operating Officer Subpoenaed For Deposition About His Emails in Muchnick’s California Public Records Act Case For Documents on Ted Agu Football Death Cover-Up
August 26, 2019

by Irvin Muchnick

In what may be the final “merits” dispute of my California Public Records Act lawsuit for internal University of California documents in the 2014 Ted Agu football conditioning death under then head coach Sonny Dykes and strength and conditioning assistant Damon Harrington, an Alameda County Superior Court judge this week set a November 7 hearing date.

The outcome of a case management conference on Monday suggested that university lawyers and Concussion Inc.’s own Roy S. Gordet were moving toward final resolution of the case with the assistance of Judge Jeffrey S. Brand. What remains first is litigation of the heavy redactions in last year’s production of emails among UC Berkeley administrators discussing a public statement and talking points in response to the April 2014 release of the Agu autopsy findings by the Alameda County medical examiner.

The existing production shows that on April 23, 2014, Solly Fulp — then Cal’s deputy athletic director — forwarded a 17-page string of emails, among a group of nine other university officials and himself, to “Dad.” We maintain that under public records law and principles, this journalist and other California citizens deserve as much access to these deliberations as “Dad.”

A facsimile of the Fulp email string is at

Complete headline links to our series on the Ted Agu death cover-up (beginning November 2013 — before Agu’s death):

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Concussion Inc. - Author Irvin Muchnick