Former New York Jet Mark Gastineau has filed a lawsuit against ESPN over its airing of a clip from a 2023 Chicago sports memorabilia show where he confronted Brett Favre about giving Michael Strahan an easy sack to help break Gastineau's single-season NFL sack record in 2002.
According to the lawsuit, which was first reported by the New York Post, Gastineau is seeking $25 million in damages and claims a clip of the encounter that went viral and later appeared in the ESPN documentary, "The New York Sack Exchange," was included "without [Gastineau's] consent or permission" and he has since "been attacked on social media with ridicule, scorn and contempt."
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“They will be held accountable for their malicious conduct and pay for misrepresentation of Mark. The Defendant intentionally damaged Mark’s reputation for ratings for ESPN and we intend to hold them accountable,” Gastineau's lawyer, Christopher J. Cassar, wrote in an email to the Post.
The clip shows Gastineau meeting Favre at the memorabilia show and shaking hands, with Favre mentioning how the two had Previously met.
"Yeah, right — when you fell down for [Strahan]," said Gastineau. "I'm going to get my sack back. I'm going to get my sack back, dude."
A stunned Favre replied, "You probably would hurt me," to which Gastineau shot back, "Well, I don't care. You hurt me. You hurt me! You hear me?"
"Yeah, I hear you," Favre said.
"You really hurt me. You really hurt me, Brett," Gastineau said as Favre was led away by one of his handlers.
Gastineau claims ESPN “intentionally and maliciously did not publish” the two shaking hands at the end of their encounter. His lawyer told the Post that Gastineau did not know that the meeting with Favre was being filmed and was used to promote the documentary, which aired in December, and that as part of signing on be part of the film he had approval for any changes made.
After the clip went viral, Favre addressed the footage and the incident in a thread on social media saying he never intended to hurt Gastineau in that moment.
"In retrospect, I understand how Gastineau feels. We played a brutal game. Gastineau played during an era where guys didn’t make generational wealth," Favre wrote. "I have a great deal of respect for Mark. I hope one day he joins me in the Hall of Fame. He earned it. Look at his numbers. He eclipsed 20 sacks twice and had 19 in another year! Mark definitely left an indelible mark on the game. I hope this controversy brings attention to just how great Mark Gastineau was. He belongs in Canton.”
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