Drake University not liable in 2019 shooting by basketball player, courts rule

A student shot and injured at an off-campus party has no claims against Drake University, an Iowa appellate panel ruled Wednesday.

The lawsuit stemmed from an August 2019 party at a home rented by several Drake students, including members of the men's basketball team. During the party, one player, Tremell Murphy, was handling a pistol in his bedroom when it fired, shooting through a wall and striking Nathaniel Miller Jr. in the head.

Miller survived but suffered brain injuries that, according to court filings, left him with lasting deficits in speech, vision and movement, among other areas.

Miller sued Murphy and the school, alleging that a coach told Murphy to lie to police about what happened. Drake officials denied that claim.

Wednesday's appellate ruling affirms a lower court decision that Drake holds no responsibility for Miller's injuries.

According to court filings, when officers first arrived at the scene, attendees, including Murphy, told them Miller had fallen and struck his head. Officers, however, saw a bullet hole in the wall and found a spent shell casing in the bedroom.

Murphy was cited for discharging a firearm and pleaded guilty to making a false report, according to court filings.

From 2019:Police mum about identity of Drake student who was shot in the head

Miller filed his lawsuit in 2020, alleging that not only did Murphy lie about having shot him, but that he did so at the instruction of an unnamed Drake basketball coach, who arrived at the scene before police and "told (Murphy) to deny involvement in Mr. Miller’s injuries," according to the complaint. By lying about what had happened, Miller claimed, Murphy and Drake delayed first responders in assessing and treating his gunshot wound, contributing to his ongoing complications.

The district court granted Drake summary judgment, finding that Miller failed to prove the lie about his injuries delayed or impeded treatment. As Drake pointed out in court filings, police officers on the scene already had determined the wound came from a bullet, rather than a fall, even before emergency medical workers arrived.

On Wednesday, the Iowa Court of Appeals affirmed that decision. Even if a coach did advise Murphy to lie to police, the court found, "Miller has not presented any evidence that medical care was ever delayed, let alone what caused any alleged delay."

News:Des Moines police: Shooter in killing of mother, daughter dies of self-inflicted wound

Drake has denied any wrongdoing. In a statement Wednesday, the university said it appreciates the findings of both courts.

"Drake has consistently denied the allegations of the plaintiff, including those aimed at Drake's men’s basketball coaching staff," according to the statement. "Drake University had no connection to the residence where this incident took place and, as affirmed by both courts, was not responsible for injuries sustained by the plaintiff."

Attorneys for Miller did not return messages seeking comment.

Although Miller's claims against Drake are resolved, his negligence claim against Murphy remains active. The suit had been delayed pending the appeal's outcome.

Athletic records show Murphy continued playing basketball for Drake through his graduation in 2022. He now plays basketball in Europe.

William Morris covers courts for the Des Moines Register. He can be contacted at wrmorris2@registermedia.com, 715-573-8166 or on Twitter at @DMRMorris.

This article originally appeared on Des Moines Register: Drake University student shot in 2019 loses lawsuit against school