January 24, 2024 by TFNLG
Butler Women’s Soccer Players’ Sexual Assault Lawsuit Will Move Forward, Judge Denies Motion to Dismiss
The lawsuit, as stated in court documents filed on Monday in the US District Court, will proceed in federal court despite the university and other defendants seeking its dismissal. The judge determined that our lawsuit does not fall under Indiana's Medical Malpractice Act and that there are no regulations preventing claims of negligent supervision against the University and Ralph Reiff, the senior associate athletic director for student-athlete health, performance, and well-being. These were the two claims presented by the defendants in their motion to dismiss in September 2023.
“This is a sex abuse case,” Judge James Sweeney said in the ruling. “This is not a medical malpractice case… Does the claim ‘the trainer sexually abused me’ ask whether the trainer provided good enough medical care? No – because sexual abuse is not medical care. Indiana courts consistently so hold.”