A U.S. district judge dismissed some federal sexual abuse and harassment claims by two former University of Kentucky swimmers and coaches against former swim coach Lars Jorgensen and the school, while allowing state law claims and Title IX allegations to move forward.
District court judge Karen Caldwell dismissed federal claims against Jorgensen on Monday for two reasons: Some claims were filed outside of the federal one-year statute of limitations, while others were dismissed because the court determined that Jorgensen was not acting as a state official at the time of the alleged offense.
The ruling keeps some claims intact under Kentucky’s five-year statute of limitations for sexual offenses, allowing the case to proceed under state law.
The lawsuit, filed by Briggs Alexander and a plaintiff identified as Jane Doe, alleges Jorgensen engaged in multiple instances of sexual assault, harassment and coercion over several years and that UK officials ignored warnings about his behavior, enabling a toxic environment. The plaintiffs claim UK discouraged reporting of misconduct and allowed the abuse to continue despite complaints being made to its Title IX office.
Key points in Monday’s ruling:
Jane Doe’s federal civil rights claims (§ 1983) were dismissed as time-barred (not having been filed within a year of the alleged offenses).
Briggs Alexander’s federal civil rights claims (§ 1983) were dismissed because Jorgensen was not, in the court’s opinion, acting under state authority when the alleged offense occurred.
State civil claims of negligence, battery, and intentional infliction of emotional distress against Jorgensen remain.
UK still faces claims under Title IX (federal law) and the Kentucky Civil Rights Act.
Athletics Director Mitch Barnhart remains a defendant on several counts, including allegations of failure to supervise.
The court granted Jane Doe’s motion to remain anonymous, rejecting a challenge from Jorgensen.
A request from UK attorneys to file an additional response (sur-reply) to plaintiffs’ motions was denied.
In a letter to the campus community last August, UK president Eli Capilouto said, “The most serious of the allegations were only known to us at the time a lawsuit was filed by two former staff members and after the coach had been dismissed.”
UK argues that it acted in good faith within state and federal laws and that once complaints were brought, it took appropriate action. The school has argued that monetary damages for emotional distress are barred by sovereign immunity.
The case now moves to discovery and trial.
Source: WDRB
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