10 from NC State’s 1983 title team in sue, allege NIL misuse

Thurl Bailey and Cozell McQueen are among 10 members of North Carolina State’s 1983 national title basketball team who are suing the NCAA, alleging misuse of the players’ names, images and likenesses (NIL) without their approval, multiple media outlets reported Monday.

In the lawsuit filed Monday in Wake County Superior Court in North Carolina, the players want a jury trial and “reasonable compensation for the appropriation” of facets of their NIL, according to The Atlantic.

The lawsuit also targets the Collegiate Licensing Company, which represents the brands for over 700 schools, conferences, bowl games, conferences and other entities, according to its website.

The other players are Alvin Battle, Walt Densmore, Tommy DiNardo, Terry Gannon, George McClain, Walter Proctor, Harold Thompson and Mike Warren.

The lawsuit alleges that the NCAA’s continued use of images, videos and the players’ names as it promotes the sport and the NCAA Tournament without compensation is “illegal, unethical and unscrupulous,” according to the lawsuit.

NC State defeated Houston for the title, with the winning points coming as time ran out when Lorenzo Charles dunked off an airball from Dereck Whittenburg. That play, and coach Jim Valvano’s celebratory lap around the court are still seen in college basketball coverage.

Whittenburg is an employee of the university and not part of the lawsuit. Charles died in 2011.

The Athletic said it did not hear back after requesting comment from the NCAA.

In wording from the lawsuit, “But for the illegal, unethical, and unscrupulous conduct of the NCAA and its co-conspirators, described above, Plaintiffs would have been paid substantial sums for the use of their names, images, and likenesses in the NCAA’s advertisements and other promotional efforts.

“Therefore, substantial funds that the NCAA has received — and continues to receive to this day — through the misappropriation of Plaintiffs’ names, images, and likenesses belong to Plaintiffs.”