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Friday, November 11, 2011

Ind. Courts - "USA Swimming sued over sex assault" [Updated]

ESPN has posted this AP story about the suit filed Thursday in Marion County Superior Court.

Here is the initial story from the Indianapolis Star yesterday, followed today by this long story in the Star reported by Chris Sikich. Some quotes:

Lawyer Jonathan Little filed the lawsuit on behalf of the girl against United States Swimming and Indiana Swimming, the national organization that governs competitive swimming and its affiliate. The lawsuit also names Lawrence Township Schools, Wheat, former Lawrence coach John Diercks and McCutcheon High School swim coach Amanda Juntenen Cox.

Generally, the lawsuit alleges that people in positions of authority were made aware of allegations against Wheat but never went to law enforcement as required by law. * * *

It's Little's sixth lawsuit against USA Swimming, an organization based in Colorado Springs, Colo., that faces an increasing number of lawsuits alleging a pattern of sexual misconduct among swimming coaches nationally. * * *

"We have a rotten, sick culture in USA Swimming," Little said at a news conference Thursday. "Just like in the Penn State case, those in authority ignored sexual abuse claims and failed to report sexual abuse complaints to law enforcement.

"USA Swimming and Indiana Swimming have failed to protect (my client) and possibly a number of other swimmers across the country by fostering a culture that places the protection of pedophile coaches ahead of protecting athletes." * * *

Wheat was sentenced in September 2010 to eight years in prison and two years in community corrections after he pleaded guilty to two counts of sexual misconduct with a minor and one count of child solicitation. The victim was an eighth-grade swimmer on the Lawrence Swim Team, where Wheat was head coach and executive director. He also was an assistant coach for Lawrence North.* * *

Little has five active lawsuits on behalf of swimmers against USA Swimming. Another case, he said, has been resolved -- but he wouldn't disclose details, citing a confidentiality agreement.

In one of the five active cases, he represents one of the victims of Brian Hindson, former Kokomo and Westfield coach. Hindson pleaded guilty in 2008 to 16 counts of child pornography after secretly recording girls younger than 18 undressing.

The Star story includes some incredible details.

Related is this August 13, 2011 ILB entry involving a 7th Circuit opinion in a suit involving Westfield Washington School Corporation and Hindson. This April 9, 2010 (still available) ABC news story titled "ABC News Investigation: USA Swimming Coaches Molested, Secretly Taped Dozens of Teen Swimmers," gives the background.

[Updated on Nov. 12, 2011] Chris Sikich of the Indianapolis Star has this new story, headlined "Swim coaches proclaim their innocence: They deny lawsuit's claims that they failed to report possible sexual misconduct." Access it here.

Posted by Marcia Oddi on November 11, 2011 10:18 AM
Posted to Indiana Courts