TW: Mentions of sexual abuse.

On June 9, Judge Bryan Collins, a Wake County Superior Court Judge, dismissed a lawsuit in which 31 former NC State athletes alleged that members of NC State’s athletic department sexually abused them.

One of the alleged abusers was Robert Murphy, a former sports medicine director who filed a Motion to Dismiss on April 29. In an order granting Murphy’s dismissal Collins wrote: “[T]he Plaintiffs have failed to state a claim upon which relief may be granted as it concerns their claim for constructive fraud and that the Plaintiffs’ claims for relief for battery, assault, and invasion upon seclusion were not filed prior to the expiration of the applicable statutes of limitations.”

Additionally, current athletic director Eugene “Boo” Corrigan, former deputy athletics director Michael Lipitz and former athletic director Deborah “Debbie” Yow filed a Motion to Dismiss the same day. 

Lester Clinkscales, former senior associate athletics director; Raymond Harrison, senior associate athletic director; Michelle Lee, chief of staff; and Stephanie Menio, deputy athletic director joined the motion.

Collins also granted the motion, effectively dropping the lawsuit. His order stated: “ N.C. Gen. Stat. § 143-291(e), by its plain language, gives exclusive jurisdiction over all claims concerning these Defendants to the North Carolina Industrial Commission. The Court further finds that Plaintiffs have failed to demonstrate beyond a reasonable doubt that Section 143-291(e) is unconstitutional as applied to this case.”

Jared Hammett, representing Murphy, said: “The truth is nothing happened but a man’s career being ruined for money.”

Kerry Sutton, the attorney representing the players, said: “This dismissal has nothing at all to do with Mr. Murphy’s sexual abuse of these 31 former student-athletes. It was decided based only on questions of legal procedure.” The players intend to file an appeal.

This is a developing story.