SAN ANTONIO — A lawsuit filed against the San Antonio Spurs and former player Josh Primo claims that the organization knew about an alleged pattern of sexual misconduct by Primo, then protected him as it continued.
Dr. Hillary Cauthen, a former consulting psychologist for the Spurs, claims that the rising star first exposed his penis to her in December 2021 and that she reported the incident in January 2022.
The suit lays out a timeline of events that accuses Spurs executives, including the team's general manager, Brian Wright, of not handling the allegations seriously as Primo continued to expose himself and as the team invested in his basketball career.
Cauthen's attorney, Tony Buzbee, alleged in a news conference November 3 that Primo exposed himself to other women in Las Vegas and in Minnesota, finally leading the team to cut Primo from the roster late on October 28. Those allegations do not appear in Cauthen's lawsuit.
The claims in the lawsuit have not been independently verified. Primo's attorney has denied the claims and accused Cauthen of victimizing Primo, while RC Buford, CEO of the Spurs, said that the team "disagreed with the accuracy of the facts, details and timelines presented." Buford added that the team wanted to share more information but instead will "allow the legal process to play out."
The timeline below combines allegations made in the lawsuit and by Buzbee with publicly available information about Primo's time in San Antonio. This is a developing story, and it will be updated as new information is made available.
July 29, 2021
Spurs, Wright surprise many by drafting Primo with lottery pick:
The Spurs shocked the basketball world by selecting 18-year-old Joshua Primo with the 12th pick in the 2021 NBA Draft. Most draft experts thought Primo would go late in the first round at the earliest, but Spurs General Manager Brian Wright bet on his potential.
The team saw Primo's size and skill, and they wanted to get him into their development system as soon as possible. Wright said that Primo was the best player available at the time as fans questioned the selection.
October 20, 2021
Primo makes history in NBA debut:
Primo got his first NBA minutes in a blowout win over the Magic, becoming the youngest player to ever play in both college and in the NBA. The crowd erupted, happy to see the lottery pick play even if it was just for five minutes.
November and December 2021
Primo plays a bit before turning 19:
Primo plays in three games for the Spurs in November and six games in December. He turned 19 on December 24, then notched a career-high 9 points on December 26.
Late December 2021
First reported incident of alleged sexual misconduct:
According to the lawsuit filed by Tony Buzbee on behalf of former Spurs psychologist Dr. Hillary Cauthen, Primo exposed his penis to her during one of their first therapy sessions together.
January 2022
Cauthen asks for meeting with Spurs GM:
The lawsuit alleges that Dr. Cauthen requested to speak with Spurs General Manager Brian Wright and made it clear what the meeting was about. It further states that the meeting was pushed back several times before it eventually happened in late March, making Cauthen feel that Wright was either avoiding it or not taking the allegations seriously.
Primo's playing time increases:
Primo plays in 11 games for the Spurs in January, averaging over 6 points in about 20 minutes per game. That production carries through February.
February 2022
Primo sees more opportunity on the court:
The Spurs traded Derrick White to the Boston Celtics on February 10, opening up more opportunity for Primo. He played 28 minutes the next day.
March 2022
Cauthen and Wright meet:
The suit alleges that the meeting happened March 21, months after Cauthen first had requested it.
"Dr. Cauthen expressed to Wright that she was uncomfortable meeting with Primo alone and she expressed feelings of confusion, embarrassment and fear," the lawsuit states. "General Manager Wright promised to develop a plan with regard to Primo for the remainder of the season and said he would explore 'how to navigate' the situation in general. The two also discussed the possibility of meeting with Primo and his agent to address his concerning behavior."
Primo enters the Spurs' starting lineup:
On March 18, Primo got his first start for the Spurs against the New Orleans Pelicans to spell an injured Doug McDermott. Until the season ended in April, Primo started for the Spurs.
Cauthen is asked to continue working with Primo:
"Despite Dr. Cauthen's report, nothing was done about Primo's behavior. Instead, Dr. Cauthen was called upon to meet with Primo again," the lawsuit states. "This time Dr. Cauthen met with Primo in a public setting, but unfortunately this was no deterrent. Primo again exposed his penis. Dr. Cauthen ended the session early. Defendant Primo requested at least one other session with Dr. Cauthen. She found a way to avoid the session."
The suit alleges that Primo exposed himself to Dr. Cauthen nine times in total.
April 2022
Cauthen meets with Wright again:
The suit states that Cauthen returned to work at the start of the offseason and met with GM Brian Wright again.
"Rather than taking immediate and long past due action, Mr. Wright instead asked Dr. Cauthen 'what consequence' she wanted to occur," the suit claims. "Dr. Cauthen felt she was not the proper person to decide a course of action, rather that it was the responsibility of the team to address the situation and come up with a proper protocol. Wright concluded the meeting by letting her know that the organization's legal team would be in contact with her."
May 2022
Cauthen meets with Spurs lawyers, human resources:
The suit says that in May, Cauthen met multiple times with Spurs lawyers, including the Deputy General Counsel, Chief Legal Counsel and General Counsel, who promised that a write up and an investigation would occur. It continues that a week later she requested an update from them and a copy of the write up, and inquired if Primo would be allowed to participate in team activities.
"Later that day, Dr. Cauthen met with Deputy General Counsel Brandon James and Head of Human Resources Kara Allen," the suit states. "They informed Dr. Cauthen that, despite her complaints, Primo would continue to participate in team activities. They also told her she should not feel uncomfortable because she had seen him repeatedly in the past. Rather than protect Dr. Cauthen and take immediate steps to prevent any further interaction with Primo or to discipline his behavior, the Spurs instead suggested that Dr. Cauthen work from home--if that would make her more comfortable. They also told her that they would understand if she decided not to come to the Spurs' facilities."
June 2022
'Facilitated discussion proposed:
The lawsuit says Cauthen met with James and Allen again, and that they told her that they wanted to hold a "facilitated discussion" with Cauthen and Primo "because they felt it might shed some light on the reasoning behind his repeatedly exposing himself to her."
Attorney Tony Buzbee called it "ridiculous on its face" during his press conference.
The lawsuit also says that the team officials told Cauthen that they were considering correcting the process for the timely reporting of incidents and that coach Gregg Popovich was aware of the situation. Buzbee said during the press conference that at that point, Cauthen may have been lied to.
"The pair asked her, as they had in the past, whether she had legal counsel. Dr. Cauthen was then advised to refrain from having any communication with Primo until further notice," the lawsuit states.
Primo promoted in marketing:
At an event on June 21, Primo models the Spurs' new jersey and announces a partnership with their new jersey sponsor: Self. A commercial featuring Primo debuts, and his face begins to go up on Self billboards.
Spurs trade Dejounte Murray, increasing Primo's on-court role:
On June 29, the Spurs traded All Star point guard Dejounte Murray to the Atlanta Hawks for multiple first-round draft picks, kicking off a rebuild in San Antonio.
The 19-year-old Primo figured to be a big part of that rebuild, and Murray's departure gave him an opportunity to play heavy minutes as a lead guard for the Spurs.
July 2022
Spurs executives ask Cauthen to stay home, tell her they've lost faith in her:
The lawsuit says Cauthen met with the legal team once more to voice her frustration and ask for change and consequences.
"They in turn informed her that she would not be attending the 2022 Summer League season, which was to take place July 7-17, 2022 in Las Vegas," the suit states. "They told her that they now felt 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. Again, they asked Dr. Cauthen whether she had retained legal representation and requested that she inform them immediately when she had done so."
Primo plays in Summer League:
With the Summer League Spurs, Primo played two games and averaged 14.5 points and 2.5 assists. He showed a bit of the playmaking upside that Wright had bet on when he drafted Primo.
Buzbee alleges further misconduct by Primo:
Buzbee claimed that while in Las Vegas, Primo reportedly exposed himself again to another woman.
"This came public because someone in the Spurs leaked the reasons for Josh Primo's departure, because we never said a word," he said. "In fact, this is the first time that we've said anything about his conduct."
This claim only appears briefly in the lawsuit, and Buzbee has asked any victims and anyone with additional information to come forward.
"Because it has now been reported that at least two other incidents of exposure have occurred involving Primo (one apparently in Nevada and one in Minnesota), Primo was recently released from the team," Buzbee says in the lawsuit.
August 2022
Spurs decline to extend Cauthen's contract:
The lawsuit claims that Cauthen's contract expired on August 31, and the team declined to extend it.
"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 says.
October 2022
Spurs opt to pay Primo for 2023-24 season:
On October 10, Spurs GM Brian Wright signed off on exercising the team's option on Primo's rookie contract, guaranteeing to pay him $4.3 million for the 2023-24 season. That's in addition to the $4.1 million that they already owed him for the current 2022-23 season.
Primo shows development in preseason game:
On October 13, Primo scored 23 points against the Oklahoma City Thunder and showed more playmaking ability than he ever had.
Season starts for Primo, Spurs:
On October 19, the Spurs kicked off their 50th season in San Antonio with a tough loss to Charlotte. Primo had 10 points and 5 assists, playing a sixth-man role off the bench.
The Spurs went on a road trip and beat Indiana, Philadelphia and Minnesota as Primo averaged 7 points and 4.5 assists per game as the backup point guard.
Spurs visit Minnesota; Buzbee accuses Primo of further misconduct:
San Antonio played two games against Minnesota, one on October 24 and another on October 26. The Spurs won the first game, and Primo fell hard on his back. He returned to the first game, but was held out for the second with what the Spurs called left glute spasms.
Buzbee said during the press conference that during the Spurs' trip to Minnesota, Primo allegedly exposed himself again to another woman, which is what Buzbee says finally led the team to waive his contract. This claim only appears in the lawsuit briefly.
"Because it has now been reported that at least two other incidents of exposure have occurred involving Primo (one apparently in Nevada and one in Minnesota), Primo was recently released from the team," Buzbee says in the lawsuit.
Spurs cut Primo from team: An hour before the Spurs played at home on October 28, the team issued a news release saying that they had waived Primo. The 78-word release came in at 6:30 p.m. Central Time and shocked fans and reporters in San Antonio and across the NBA.
"The San Antonio Spurs today announced that they have waived Joshua Primo.
'It is our hope that, in the long run, this decision will serve the best interest of both the organization and Joshua,' said Spurs Sports & Entertainment CEO RC Buford.
Primo was selected by the Spurs with the 12th pick in the 2021 NBA Draft.
The Spurs organization, including front office executives, coaching staff and players, will have no additional comments to share at this time."
He was cut from the team faster than any lottery pick in the history of the league, setting off a wave of speculation about the reason.
Primo releases statement, citing trauma and mental health:
Hours after the Spurs cut Primo, ESPN's Adrian Wojnarowski shared the following news release sent by Primo's agent:
"I know that you are all surprised by today's announcement. 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 more in the future so I can help others who have suffered in a similar way. I appreciate privacy at this time."
First public reports of allegations against Primo:
The following day, October 29, Wojnarowski and Ramona Shelburne report for ESPN that the Spurs cut Primo over allegations that he had exposed himself to multiple women, including a former Spurs employee. The story also states that attorney Tony Buzbee, who represented the women who sued Deshaun Watson over his alleged pattern of sexual misconduct, would represent the former Spurs employee.
Primo clears waivers:
Other teams in the NBA had a chance to sign Primo off of waivers, meaning they would add him to their roster and absorb the nearly $8.5 million on his contract. No teams did, and on October 31 Primo cleared waivers and became an unrestricted free agent.
Buzbee identifies Cauthen as his client:
The same day Primo cleared waivers, Buzbee released a statement that he represented Dr. Cauthen.
"The Buzbee Law Firm represents former San Antonio Spurs consulting psychologist Dr. Hillary Cauthen," they said in an email to KENS 5. "At the conference, Tony Buzbee will discuss allegations made by Dr. Cauthen and others against NBA player Josh Primo, the events that precipitated the release of Primo, the veracity of recent public statements made by both the Spurs organization and Primo, interactions with individuals within the San Antonio Spurs organization, and the expected path forward. Dr. Cauthen will be present to make a public statement and answer pertinent questions. No proprietary information will be shared at the conference. HIPPA restrictions will be observed."
November 2022
Buzbee files lawsuit against Spurs and Primo, holds press conference with Cauthen:
Attorney Tony Buzbee held a press conference alongside his client, Dr. Hillary Cauthen, on the morning of November 3.
In the press conference, and in the lawsuit he filed in Bexar County against the Spurs and Primo, Buzbee lays out the allegations against both. The full lawsuit can be found here.
"Josh Primo's conduct is obviously well outside the bounds of what is normal, what is acceptable, his conduct shocks the conscience. I would also say that the Spurs' conduct, the way they handled this matter was egregious and absolutely unreasonable," Buzbee said.
"It took the Spurs 10 months to do the right thing, and that is too long," Cauthen said.
Buzbee says criminal complaint will be filed:
Buzbee said authorities in Bexar County had reached out to him to gather more details about Cauthen's allegations.
"There will be a criminal complaint filed for multiple cases of indecent exposure against Mr. Primo, and we expect the authorities to prosecute," he said.
“No case has been filed with the Bexar County D.A.’s Office against Joshua Primo," the office said in a statement. "If a law enforcement agency is conducting an investigation and submits a case to our office, we will conduct a review of that case and make decisions regarding prosecution at that time.”
Primo's attorney denies allegations, accuses Cauthen of betrayal:
Shortly after Buzbee's news conference ended, Primo's attorney William J. Briggs II released a statement that claimed Primo never knowingly exposed himself and accused Cauthen of victimizing and betraying Primo.
"Josh Primo is a 19-year-old NBA player who has suffered a lifetime of trauma and challenges. He 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.
"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.
"What makes the allegations even less credible is that Dr. Cauthen never informed her patient of the purported exposure. Dr. Cauthen was Mr. Primo's mental health support provider and confidant; a therapist who Mr. Primo trusted. She is much older than Mr. Primo, with many years of experience as a sports psychologist. It is baffling why she did not bother to tell her patient that his private parts were visible underneath his shorts.
"Josh Primo is at the beginning of a promising career and has been devastated by these false allegations and release by the Spurs. He is in the process seeking treatment to deal with the trauma inflicted on him by Dr. Cauthen's misleading allegations, in addition to the previous trauma he suffered as a child. He looks forward to clearing his name and to move forward with his NBA career."
Spurs RC Buford releases brief statement disagreeing with claims:
Several hours after the news conference ended and the lawsuit was filed, Spurs Sports & Entertainment CEO RC Buford released a short statement that pushed back on Cauthen's claims.
"We disagree with the accuracy of facts, details and timeline presented," he 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."
Law enforcement confirms investigation has begun
On November 4, the day after the lawsuit was filed, the Bexar County Sheriff's Office confirmed that they had launched an investigation into the allegations made by Dr. Cauthen.
"The Bexar County Sheriff's Office has made contact with the victim involved in the Joshua Primo incident. Preliminary investigation into the allegations is underway," they said.
Psychologist organization supports Cauthen
The Association for Applied Sport Psychology released a statement of support of Dr. Hillary Cauthen’s allegations against former San Antonio Spurs guard Josh Primo.
"At AASP, we recognize the courage it takes to report abuse and admire Dr. Cauthen for coming forward with her experience," it read in part. "We support Dr. Cauthen and will continue to condemn sexual misconduct and lack of appropriate action by sport organizations when members come forward with reports of abuse."
September 2023
On the morning of Sept. 29, 2023, the NBA announced that Primo – still unsigned after being waived by San Antonio 11 months prior – would be suspended for four games without pay were he to join a team. The announcement served as the culmination of the league's investigation which found that he "engaged in inappropriate and offensive behavior by exposing himself to women."
Hours later, ESPN insiders reported that Primo was planning to join the LA Clippers on a two-way contract.