The suit says Primo, who was recently waived by San Antonio, exposed his genitals to her nine times during their individual private sessions.
A former Spurs psychologist is suing the team and former player Joshua Primo for indecent exposure incidents she claims San Antonio ignored and attempted to cover up.
Dr. Hillary Cauthen said in the suit that Primo, who was recently waived by San Antonio, exposed his genitals to her nine times during their individual private sessions. Primo’s attorney responded to the suit and said in a statement his client “never intentionally exposed himself to her or anyone else.”
Dr. Cauthen was contracted with the Spurs beginning in September 2021 and first reported Primo to team management in January. Per the suit, she filed “numerous complaints” with the team’s leadership about the alleged sexual misconduct.
“Dr. Hillary Cauthen, a licensed, credentialed clinical psychologist, lost her dream job because the Spurs organization ignored her repeated reports of indecent exposure on the part of defendant Joshua Primo,” the suit reads. “Rather than act on Dr. Cauthen’s reports, the Spurs ignored her complaints, hoping the organization could ignore and then cover up Primo’s actions.”
The suit was filed in Bexar County 45th District Court in San Antonio. Dr. Cauthen is being represented by Tony Buzbee, the attorney who represented more than two dozen women who filed lawsuits against Browns quarterback Deshaun Watson.
Buzbee and Dr. Cauthen held a press conference Thursday to announce the lawsuit and said there would be a criminal complaint filed for multiple counts of indecent exposure, Tom Orsborn of the San Antonio Express-News reported.
“I have an obligation under Texas state law and HIPAA, which I take very seriously, and I will not violate,” Dr. Cauthen said at the press conference. “I am disheartened to be standing here sharing that this is my story, but I am also very humbled and honored to have a place to share words that others may not have been able to. … I am a victim. I am many things, but I am not alone in the fight to do the right thing. The right thing is saying, ’No, this is not O.K.’ To hold people accountable. … The right thing is also saying, ‘I’m sorry, I have failed you, and we need to do better.’
“My passion is to help others learn how to thrive within their world and to help organizations develop a culture of care. The organization I worked for has failed me. And in turn, I felt I failed those around me when I wanted to make change. I spoke up, I asked for help, I gave options.”
According to Orsborn, who reviewed the lawsuit, Dr. Cauthen met with multiple members of the San Antonio organization, including Spurs general manager Brian Wright in March, though “nothing was done about Primo’s behavior.” She also met with Spurs deputy general counsel Brandon James and head of human resources Kara Allen in May.
According to the lawsuit, James and Allen “informed Dr. Cauthen that, despite her complaints, Primo would continue to participate in team activities,” though they later told her in June that coach Gregg Popovich “was aware of her complaint and accusations and that he wanted to do right by her.” Per Orsborn, it is the only time Popovich is mentioned in the lawsuit.
In July, the Spurs did not allow Dr. Cauthen to participate in Summer League and told her that “she was unable to do her job in a professional manner due to what was now a lack of trust between her and the team,” the lawsuit says, via Orsborn.
William J. Briggs II, Primo’s attorney, released a statement Thursday in response to the lawsuit and maintained his client’s innocence.
“[Primo] is now being victimized by his former team appointed sports psychologist, who is playing to ugly stereotypes and racially charged fears for her own financial benefit,” Briggs wrote. “In an act of betrayal against her young client, Dr. Cauthen, who is 40 years old, falsely claims Josh Primo exposed himself to her during the course of her numerous therapy sessions. Dr. Cauthen’s allegations are either a complete fabrication, a gross embellishment or utter fantasy. Josh Primo never intentionally exposed himself to her or anyone else and was not even aware that his private parts were visible outside of his workout shorts.
“Josh Primo is at the beginning of a promising career and has been devastated by these false allegations and release by the Spurs,” the statement continued. “He looks forward to clearing his name and to moving forward with his NBA career.”
Primo was waived by the Spurs on Friday. The lawsuit claims the team released the 19-year-old “because it has now been reported that at least two other incidents of exposure have occurred involving Primo.” One of those incidents happened in Nevada, while the other happened in Minnesota, the lawsuit says.
When San Antonio announced they placed Primo on waivers, the team did not share why, but said that they hoped that “in the long run, this decision will serve the best interest of both the organization and Joshua.” The team also added that the organization, including front office executives, coaching staff and players “will have no additional comment to share at this time.”
In the wake of the news he was waived, Primo released a statement via ESPN’s Adrian Wojnarowski.
“I know that you all are surprised by today’s announcement,” Primo said. “I’ve been seeking help to deal with previous trauma I suffered and will now take this time to focus on my mental health treatment more fully. I hope to be able to discuss these issues in the future so I can help others who have suffered in a similar way. I appreciate privacy at this time.”
The Spurs later responded to the lawsuit in a statement Thursday.
“We disagree with the accuracy of facts, details and timeline presented today,” RC Buford, San Antonio’s sports and entertainment CEO, said. “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.”
