MEMPHIS, Tenn. — New filings in the ongoing saga between NFL star Michael Oher and the Memphis couple who took him in claim Oher demanded millions of dollars he believed he was owed from the success of ‘The Blind Side’ movie.
Sean and Leigh Anne Tuohy filed the latest documents Monday, Dec. 4, 2023, with the Shelby County Probate Court. They are asking that a motion by Oher for a temporary injunction be denied. That injunction would prevent the Tuohys from using Oher’s name, image, and likeness (NIL). They claim in the filing that they do not use Oher’s NIL in commercial endeavors, only in what is considered ‘fair use,’ and that granting the injunction violates their First Amendment rights.
The Tuohys also claim that Oher gave permission for Leigh Ann Tuohy to speak about whatever she wanted, and that while Oher “was part of the story of the Tuohy family’s experience,” the movie and book, the ‘Making It Happen Foundation,’ and motivational speaking is about the family’s experiences and “not ‘about’ Mr. Oher per se.”
Texts & messages
The filings by the Tuohys include screenshots of text messages and emails the couple said Oher sent them, demanding millions, in some cases calling them “thieves” and threatening to take the story national.
“I was robbed of 50 million+, 10 million is my final offer,” said one message. “TMZ will have it first.”
“If something isn’t re-solve [sic] this Friday, I'm going to go ahead and tell the world, how I was robbed by my suppose [sic] to be parents. That's the deadline,” said another. “Think how it will look when this comes out.”
“It was 10 million now I want 15 after taxes,” said another.
The Tuohys called the messages “menacing” in their filings, saying they were “shocking and hurtful” and that they had “always treated Mr. Oher with kindness and love.”
Tuohys agreed to remove ‘adopted’ references
Previously, a lawyer for the Tuohys said references to Oher being their adopted son would be removed from the couple's websites and public speaking materials, but these latest filings show they still want to use his name.
References to Oher being adopted had been a key argument by Oher in his efforts to force the Tuohys to account for money made from the film "The Blind Side," which focuses on Oher's story and his relationship with the Tuohys. The film earned Sandra Bullock an Oscar.
The conservatorship controversy
The legal battle became public in August, when Oher said in a court filing that the Tuohys misled him into thinking they adopted him when they entered into a conservatorship agreement with Oher in 2004, when he was 18.
In September, Shelby County Probate Judge Kathleen Gomes ended the conservatorship, which allowed the Tuohys to control Oher's finances. Oher, who had a troubled childhood, signed the agreement when he was living with the couple as he was being recruited by colleges as a star high school football player.
The battle over money
Despite the termination of the conservatorship, the legal fight over money made from the film and Oher's story continues. Oher claims the Tuohys have used his name, image and likeness to enrich themselves and kept him in the dark about financial dealings related to him and his story.
In a November court filing, the Tuohys said they received payments from the film's proceeds from 20th Century Fox and gave Oher one-third of the money, which came out to $138,311.
In a separate filing Tuesday, Oher challenged that filing, arguing that it does not account for millions generated by public speaking events and alleging Sean Tuohy kept $2.5 million given to him by Oher to invest for him. He called the Tuohys accounting documents provided to the court "contradictory, confusing, false in material ways, and wholly inadequate."
The Tuohys have called the claims they enriched themselves at his expense outlandish, hurtful and absurd and part of a "shakedown" by Oher. In a previous court filing, the affluent couple said they loved Oher like a son and provided him with food, shelter, clothing and cars while he lived with them, but denied saying they intended to legally adopt him.
The Tuohys' filing said Oher referred to them as "mom and dad," and they occasionally referred to Oher as a son. They acknowledged that websites show them referring to Oher as an adopted son, but the term was only used "in the colloquial sense and they have never intended that reference to be viewed with legal implication."
A trial date has not been set in the case.
Oher was the 23rd overall pick in the 2009 draft out of Mississippi, and he spent his first five seasons with the Baltimore Ravens, where he won a Super Bowl. He played 110 games over eight NFL seasons, including 2014 when he started 11 games for the Tennessee Titans. Oher finished his career with the Carolina Panthers.
The Associated Press contributed to this report.
