Attorneys representing defendants in the civil case brought by several former members of the University of Wisconsin women’s basketball team have filed a motion to dismiss the complaint entirely.
According to Big 10 Central, lawyers for former coach Marisa Moseley claimed the case “should be dismissed because there were no constitutional or civil rights laws violated.”
"The Plaintiffs want the federal court to award damages to players whose basketball coach yelled at them," the defendants wrote in a brief submitted by attorney Anne M. Bensky of Madison law firm Jackson Lewis. "But because these allegations plainly do not violate the Constitution or federal civil rights laws, the relief they request is outside the Court's authority."
Back in August, six former women’s basketball players filed a lawsuit against Moseley, the UW Board of Regents, and former women’s basketball administrator Justin Doherty, alleging mental and psychological abuse by Moseley.
Related: Former Badgers Allege Psychological Abuse and Sue Ex-Women’s Basketball Coach, Board of Regents
The women described being discriminated against based on physical or mental health needs, including one incident in which the team was required to sign agreements releasing their medical records or risk losing their spot on the women’s basketball team. In another incident, players claimed Moseley locked one student-athlete in the back area of the locker room and refused to let her out for several hours.
Despite these claims, Moseley “adamantly denies ever locking, confining, or trapping anyone.” In fact, the motion to dismiss goes so far as to call Moseley’s actions while head coach “Heroic” as she managed players’ varying mental health struggles. And, in the 86-page file submitted as a request to dismiss the case, Moseley and Doherty pointed out that the testimony from some of the former athletes is outside the three-year statute of limitations.
For his part, the dismissal stated that Doherty should have been left off the suit entirely as he was not “personally involved in any constitutional violation.”
"Moseley's alleged berating — particularly on the court — does not meet the legal threshold for actions that objectively quell speech under the First Amendment," the brief said. "Certainly, there can be no actionable First Amendment violation based on a basketball coach's yelling."
The court has not yet delivered a response to the motion to dismiss.
