Auburn running back Eric Smith claims Decari Jenkins threw the first punch in an incident last August, which has already prompted Smith’s brief suspension from the team, alleged punitive damages from both sides and, now, coinciding claims at the U.S. District Court for the Middle District of Alabama.

Smith, in an answer and counterclaim filed in federal court last week, claims that Jenkins “fails to state a cause of action against him” and denies “each and every material allegation” in Jenkins’ complaint, which was filed last November.

Jenkins’ lawsuit seeks compensatory and punitive damages for the injuries and post-injury trauma he suffered at the hands of Smith, 19, and two unnamed Auburn players. Smith’s counterclaim is also seeking compensatory and punitive damages for “pain and suffering,” “severe mental anguish” and “emotional distress” caused by the backlash from the August 2009 incident at Lexington Hotel, which left both Smith and Jenkins bloodied and with two different recollections of the preceding events.

“We didn’t start the litigation,” said Smith’s attorney, Brian Strength. “But Eric is allowed to exercise his rights in response to a lawsuit.”

In his complaint, Smith claims he observed Jenkins acting “in an unusually ‘jumpy’ manner” and noticed him “bumping and knocking into various people” at the Auburn sorority function, which was held on a Thursday night during Auburn’s preseason preparation. Jenkins later knocked into Smith and the two “had words” over the incident before Jenkins initially walked away, the suit claims.

Jenkins then returned, “holding and clanking” two empty bottles, which Smith, “in self defense,” knocked from Jenkins’ hands, Smith claims.
Jenkins then, “without cause or warning,” struck Smith in the nose.

All police reports and lawsuits filed in the case corroborate that Smith had a bloodied nose when he was arrested for striking Jenkins in the back of the head in front of police officers.

“The information in (Smith’s) counterclaim is not accurate and inconsistent to his prior statement,” said Jenkins’ attorney, Wendy Brooks Crew.

Jenkins claims the incident began when he was approached by “two presently unnamed Auburn football players in a provocative and belligerent manner.” Jenkins’ friend was then punched by one of the players and rendered unconscious. Smith “then approached (Jenkins) in a hostile and aggressive manner and slapped a drink from his hand,” the lawsuit claims.

Smith was then joined by his “cohorts” and all three began to “pummel Jenkins with hands and fists about his face and body.” Jenkins was able to escape, fleeing down an outside stairway toward the front of the hotel, the suit claims.

Strength said he couldn’t comment at this time about the alleged involvement of other Auburn football players.

While Jenkins was trying to make a phone call with his back facing the main entrance of the hotel, Jenkins’ lawsuit claims he went “limp immediately,” as he was punched in the back of the head by Smith in front of police officers who were called to the scene.

“Smith then kicked (Jenkins), turned away from the officers and casually walked away as if nothing happened, leaving Jenkins unconscious in a pool of blood,” according to Jenkins’ lawsuit.

Smith was originally charged with disorderly conduct. He pleaded guilty and was granted youthful offender status, which effectively seals the case to the public. He later filed a countersuit alleging harassment against Jenkins, which was later dismissed with prejudice.

“I don’t think anything that happened in the criminal case is inconsistent with the counterclaim,” said Strength, who did not represent Smith during the criminal case.

Smith’s counterclaim does not address what happened after Jenkins allegedly punched Smith.

Smith played a vital role for Auburn in 2009, rushing for 99 yards and a touchdown and also catching 18 passes for 226 yards and a touchdown out of the H-back position. He was ruled academically ineligible at the end of the regular season, though, and was unable to participate in postseason practice and the Outback Bowl.

Coach Gene Chizik said in January that Smith, along with three other suspended players, were back in good graces with the team.

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