Michael Oher’s lawsuit against Tuohy family and ‘The Blind Side’ depiction, explained

The life story of Michael Oher, a ward of the foster care system being adopted by a family in Tennessee who set him on the path to NFL stardom, seemed too good to be true. It was the basis for a book by Michael Lewis, titled The Blind Side: Evolution of the Game, and a later movie based on Oher’s life story.

However, a new petition filed in probate court on Monday alleges just that: That the story was too good to be true.

According to the 14-page Petition to Terminate filed by Oher through counsel, it is alleged the family that purported to adopt him — Sean and Leigh Anne Tuohy — never adopted Oher at all. Instead, it is alleged that the Tuohy family instead had Oher sign documents naming them as his “guardians/conservators.”

The petition further alleges that the Conservatorship gave the Tuohys the ability to make millions of dollars in royalties from the movie, while Oher did not see a dime.

What does the petition allege, what is Oher seeking, and what happens next? Let’s dive in.

The petition in Shelby County Probate Court

As noted above, through counsel Oher filed a 14-page petition in the Probate Court for Shelby County, Tennessee. At the outset, the petition alleges that the Touhys “took no legal action in Juvenile Court to assume legal custody of Michael, a ward of the state.” The petition further alleges that shortly after Oher moved in with the family, they “presented him with what the understood to be legal papers that were a necessary step in the adoption process. Michael trusted the Tuohys and signed where they told him to sign.”

However, the petition alleges that what Oher signed were not adoption papers, but rather a Petition for Appointment of Conservators, which was filed in the Probate Court for Shelby County on August 9, 2004.

Oher had turned 18 at the end of May.

Counsel of record in that matter was listed as Debra Branan, and the petition asserts that Branan was “so close to the Tuohy family that Michael was encouraged to refer to her as Aunt Debbie.”

The Petition for Appointment gave the Tuohys “all powers of attorney to act on his behalf,” and explicitly stated that Oher “shall not be allowed to enter into any contracts or bind himself with out the direct approval of his conservators.”

This despite the fact that Oher was over the age of 18 at the time, and as noted in the Order granting the Petition for Appointment, Oher “has no known physical or psychological disabilities.” The Order granting the Petition for Appointment can be found and reviewed on the Probate Court’s website, along with Oher’s Petition to Terminate filed on Monday.

According to Oher’s Petition to Terminate, he was “falsely advised by the Tuohys that because he was over the age of eighteen, that the legal action to adopt Michael would have to be called a ‘conservatorship’ but it was, for all intents and purposes, an adoption.”

The Tuohy family has long maintained that they adopted Oher, including on the family’s website as well as the website for their charity foundation.

According to Oher’s Petition to Terminate, that bedrock tenet — that the family adopted Oher — allowed the family to enrich themselves at Oher’s expense:

“The lie of Michael’s adoption is one upon which Co-Conservators Leigh Anne Tuohy and Sean Tuohy have enriched themselves at the expense of their Ward, the undersigned Michael Oher. Michael Oher discovered this lie to his chagrin and embarrassment in February of 2023, when he learned that the Conservatorship to which he consented on the basis that doing so would make him a member of the Tuohy family, in fact provided him no familiar relationship with the Tuohys.”

The Petition to Terminate alleges that the Tuohys “negotiated for themselves and natural born children a contract price of $225,000.00 plus 2.5% of all future ‘Defined Net Proceeds” in the movie The Blind Side. It is further alleged that the family used their position as Conservators to “negotiate a contract with Fox for the movie The Blind Side,” and that in the contract signed by the Tuohy family members with Fox “lists Matthew Snyder at Creative Artists Agency as the Tuohy’s contact, but the agent/attorney to receive contract and payment notices for Michael is listed as Debbie Branan, Esq. — the attorney of record in [the Conservatorship].”

The Petition to Terminate also alleges that Oher signed a “Life Story Right Agreement,” in which he signs away to Fox, without any compensation of any kind, the “perpetual, unconditional and exclusive right throughout the world to use and portray Michael Oher’s name, likeness, voice, appearance, personality, personal experiences, incidents, situations and events based upon or taken from Michael Oher’s life story.”

Oher contends that “he at no time ever willingly or knowingly signed this document and that nobody ever presented this contract to him with any explanation that he was signing such a document, or any document concerning his rights to his name, image, and life story, to Fox or anybody else.”

What is Oher seeking?

At the outset, Oher is seeking the termination of the Conservatorship. As outlined in the Petition to Terminate, in the initial Petition for Appointment when the Tuohys were named as Conservators for Oher, they were seeking to be recognized as his “legal guardians at least until he reaches the age of 25 or until terminated by order of this court prior to that time.”

However, the Order appointing the Tuohys as Conservators kept that appointment “until terminated by an Order of this Court.”

As of the date of Oher’s Petition to Terminate, no such Order has been issued.

In addition, the Petition to Terminate outlines the requirements that Conservators have to satisfy to comply with Tennessee law. Specifically, under Section 34-1-111 of the Tennessee Code (TCA) Conservators have to file yearly accountings outlining receipts and expenditures made during the previous year. Furthermore, Oher alleges in the Petition to Terminate that the Tuohys have never filed a required “Statement of Fiduciary as to Physical or Mental Condition of the Disabled Person” to inform the Court whether the Conservatorship should continue, again a requirement under Section 34-1-111 of the TCA.

Beyond severing the Conservatorship, Oher is seeking damages due to the “ongoing misuse of his name, image and likeness by the Co-Conservators herein.” Oher asserts that the Tuohys had a fiduciary duty to Oher to “act in the best interest of Michael rights regarding his [name, image, and likeness] and to account yearly regarding those assets.”

Instead, no such accounting has ever been made.

“To date, Conservators have filed no accounting and should now be ordered to fully account for what Michael’s NIL assets and use thereof by either Michael’s or Conservators’ benefit throughout the conservatorship … as Conservators and their children collectively received millions of dollars and Michael received nothing for his rights to a $330,000,000 (or mor[e]) story that would not have existed without him.”

Oher is seeking an injunction “prohibiting Conservators from using his name, image, and likeness.” He is also seeking “accounting for all sums of money belonging to their said ward, Michael Oher, and to pay over such sums received by them, or either them, as aforesaid, which should have been paid over to the said ward, Michael Oher, plus interest from the time of receipt of such sums of money.”

Oher is also seeking “compensatory and punitive damages” as the Court finds appropriate, as well as costs and attorney’s fees.

What happens next?

As for what happens next, the Tuohys will have a chance to respond through counsel. According to a story filed by ESPN Steve Farese, their attorney, declined comment. Farese also outlined that the family will file a legal response in the coming weeks.

Sean Tuohy did speak with the Daily Memphian, telling that outlet that the family “didn’t make any money off the movie,” and only a share of the proceeds from Michael Lewis’ book.

“We’re devastated,” Sean Tuohy told the Daily Memphian. “It’s upsetting to think we would make money off any of our children. But we’re going to love Michael at 37 just like we loved him at 16.”

It is important to note that along with the Petition to Terminate, Oher — through counsel — has served discovery requests on the Tuohys, both a set of Interrogatories (written questions for the family to answer under oath) as well as a request for production of documents. These discovery requests seek information regarding any contracts regarding The Blind Side, both the book and the movie, as well as any and all documents supporting the Tuohys’ position that Oher was their “adoptive son.”

The Interrogatories also specifically ask the Tuohys to “[d]escribe in detail why [you] chose to obtain a conservatorship instead of formally adopting Michael Oher.”

Under the Tennessee Rules of Civil Procedure, the Tuohys have 30 days to respond to both the Petition to Terminate, as well as those discovery requests.