Instead of editing my earlier post, I'm going to summarize the opinion here.
Reminder:
Named Plaintiffs: Akrum Wadley, Jonathan Parker, Aaron Mends, Marcel Joly, Maurice Fleming, Reggie Spearman, Kevonte Martin-Manley, Darian Cooper, Laron Taylor, Brandon Simon, Javon Foy, Andre Harris and Terrance Harris.
Named Defendants: University of Iowa, Board of Regents, Kirk Ferentz, Brian Ferentz, Gary Barta, Chris Doyle, Raymond Braithwaite
Count I - Racially Hostile Environment. This count was only alleged on behalf of Aaron Mends, Javon Foy and Brandon Simon. The only named defendants are the University of Iowa and the Board of Regents.
The Defendants contended that a two year statute of limitations ("SOL") applied to the Plaintiff's claims. Plaintiffs Mends, Simon and Foy contended that a four year statute of limitations applied to their claims. Judge Rose concluded that a four year statute of limitations applies to the claims. Foy, Mends and Simon's claims would have been time barred if a 2 year SOL applied but not if a 4 year SOL applied.
Defendants also contended that the allegations in the Complaint did not give allege a sufficiently factual basis for a claim to proceed on a theory of racially hostile environment. Judge Rose disagreed (in face, the language she used suggests that she vehemently disagreed).
Thus, Count I survives the Motion to Dismiss and Aaron Mends, Javon Foy and Brandon Simon's claim that they were subjected to a racially hostile environment will move forward.
Count II - Retaliation. This count was alleged only on behalf of Aaron Mends and he claimed that he was retaliated against for complaining about disparate treatment of black players versus white players. The only named defendants were the University of Iowa and the Board of Regents.
Judge Rose concluded that there were not sufficient facts alleged to support a claim for retaliation.
Count II was dismissed.
Count III - Systemic Pattern and Practice of Discrimination. This count was alleged only on behalf of Mends, Foy and Simon. The only named defendants were the University of Iowa and the Board of Regents.
Judge Rose concluded that there were not sufficient facts alleged to support a claim for Systemic Pattern and Practice of Discrimination.
Count III was dismissed.
Count IV - Deprivations of Rights under Section 1981. This count included not only claims by Mends, Foy and Simon but also Akrum Wadley, Jonathan Parker, Marcel Joly and Darian Cooper. Defendants named were Gary Barta, Kirk Ferentz, Brian Ferentz and Chris Doyle. In their last pleading before the Court entered this Order, Plaintiffs agreed to voluntarily dismiss Gary Barta. Thus, the question before the Court was whether Count IV stated a cause of action against Kirk Ferentz, Brian Ferentz and Chris Doyle.
Same SOL analysis employed by the Court for this count.
Judge Rose found that there were sufficient facts pled to allow a cause of action to go forward for Mends, Foy, Simon, Wadley, Parker, Joly and Cooper against ONLY Brian Ferentz and Chris Doyle. Judge Rose found insufficient allegations of fact to allow Count IV to stand against Kirk Ferentz.
Count IV dismissed as to Kirk Ferentz. Count IV survives for Mends, Foy, Simon, Wadley, Parker, Joly and Cooper against Brian Ferentz and Chris Doyle.
Count V - Conspiracy to Deprive Persons of Equal Protection. This count was alleged on behalf of all named players against Kirk Ferentz, Brian Ferentz, Chris Doyle, Raymond Braithwaite and Gary Barta.
In its last filing before the Court ruled on the Motion to Dismiss, Plaintiffs agreed to voluntarily dismiss this Count.
Thus, Count V was dismissed.
Count VI - Conspiracy to Deprive Persons of Equal Protection under Section 1985. This count was alleged on behalf of all named players against Kirk Ferentz, Brian Ferentz and Chris Doyle only.
In its last filing before the Court ruled on the Motion to Dismiss, Plaintiffs agreed to voluntarily dismiss this Count.
Thus, Count VI was dismissed.
Count VII - Civil Rights Violation Failure to Train and Supervise. This count was alleged on behalf of all named players against Kirk Ferentz and Gary Barta.
Judge Rose found that there was not a sufficient factual basis alleged to support the claim for a civil rights violation based upon a failure to train and supervise Brian Ferentz and/or Chris Doyle.
Thus, Count VII was dismissed.
Count VIII - Breach of Contract. This claim was brought on behalf of all of the players against the University of Iowa, the Board of Regents, Kirk Ferentz, Brian Ferentz, Gary Barta and Chris Doyle.
Judge Rose found that the factual allegations did not support a claim for the existence of any enforceable contract.
Thus, Count VIII was dismissed.
End result? The case will now go forward on:
Count I: Foy, Mends and Simon against the University of Iowa and the Board of Regents on a Racially Hostile Environment theory.
Count IV: Foy, Mends, Simon, Wadley, Parker, Cooper and Joly against Brian Ferentz and Chris Doyle on a Section 1981 Deprivation of Rights theory.
Maurice Fleming, Reggie Spearman, Kevonte Martin-Manley, Laron Taylor, Andre Harris and Terrance Harris no longer have existing claims.
Kirk Ferentz, Gary Barta and Raymond Braithwaite are no longer defendants.
The May 11th Scheduling Conference remains in place and I'd anticipate that the Court will enter a scheduling order and will set the case for trial (likely sometime in mid to late 2022).
Given that both Count I and Count IV are advancing based, in part, on the Court's ruling that those claims are governed by a four year and not a two year SOL, I suppose that it is possible for the remaining defendants to seek an interlocutory appeal to the 8th Circuit. I've done some appellate work but don't consider myself to be an appellate "guru." Thus, I'd have to do some digging as to whether that may be a viable option.
Will try to offer more thoughts later . . . . I'm out for now.
