ALBANY, N.Y. (NEWS10) — A lawsuit originally filed against the University at Albany, head basketball coach Dwayne Killings, and Athletic Director Mark Benson has been amended, dropping Benson’s name from the complaint.

The state had filed a motion to dismiss the charges against the university and Mark Benson due to a breach of contract claim against Benson. Fizulich’s lawyers amended the complaint, dropping Benson from the lawsuit to resolve the issue. After a letter from Fizulich’s attorneys following the amendment, Judge David Hurd dismissed the state’s motion and set a February 24th deadline for Killings and the University to respond to the lawsuit.

The amended complaint maintains that Killings threw Fizulich against a locker and struck him in the face prior to a game on November 24th, 2021. The complaint also alleges that UAlbany had decided to fire Killings, but gave in to pressure from business and civil rights leaders, ultimately reversing that decision. Killings was suspended for five games, and fined $25,000.

When asked for comment, a university spokesman said the university does not comment on pending litigation.

Killings is also facing a fourth degree assault charge in Kentucky, stemming from the same incident. Killings pleaded not guilty. He’s due back in court on March 20th.

The full lawsuit and letter from Fizulich’s attorneys can be found below.