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USOC file to remove themselves from McKayla Maroney lawsuit

The New York Society for the Prevention of Cruelty to Children's 2018 Spring Luncheon
McKayla Maroney at the New York Society for the Prevention of Cruelty to Children's 2018 Spring Luncheon

The United States Olympic Committee (USOC) have filed to remove themselves as defendants in the lawsuit filed by 2012 Olympic gymnast and two-time Olympic medalist McKayla Maroney. Maroney, 22, filed a lawsuit against the USOC for their role in the Larry Nassar sexual assault scandal.

In her lawsuit, the 22-year-old Aliso Viejo, California native contends that the USOC should have done more upon finding out about the acts of sexual assault that Nassar was committing.

According to NBC Sports, the USOC contend that they should be part of “discussions concerning moral and social responsibility for sexual abuse, including legitimate questions about what could have been done to recognize and stop Nassar’s abuse."

However, the USOC, the umbrella organization for USA Gymnastics among other National Governing Body members for other individual sports, also contend that they should not be held responsible for what Nassar did since never worked for them and his predatory actions were not foreseeable.

The USOC have also filed to dismiss themselves from lawsuits files against them pertaining to the Nassar scandal by two-time Olympic gymnast Aly Raisman and 2012 Olympic gymnast Jordyn Wieber.

Here is what USOC spokesman Patrick Sandusky had to say about the matter, according to NBC Sports.

“Our filing addresses an entirely different question, namely the legal responsibility for Nassar’s crimes."

USOC filed a response seeking to dismiss Maroney's lawsuit in addition to the lawsuits of Raisman and Wieber. Here is some of what they had to say, according to The Blast.

 “Nassar was a full-time employee of Michigan State University and working as the USA Gymnastics team doctor. Both of these organizations are separate and independent from the United States Olympic Committee, which neither employed nor controlled Nassar.”
"A defendant has no duty to protect against the criminal acts of a third party absent a special relationship. Here, the Complaint fails to allege the basis of a special relationship between Plaintiff and USOC.”
"The Complaint fails to allege any of the requisite mental states which range from an intent to aid Nassar (Masha’s Law), an intent to deceive Plaintiff (constructive fraud), or recklessness as to Nassar’s behavior (intentional infliction of emotional distress). In fact, the Complaint expressly states that USOC was not even aware of Nassar’s misconduct until USA Gymnastics terminated its relationship with him and reported him to law enforcement in 2015.”

The 54-year-old disgraced former USA Gymnastics and Michigan State University physician has been accused of sexually assaulting more than 300 people, many of whom female gymnasts, under the guise of medical treatments for more than two decades.

This past December, Nassar was given 60-year federal prison sentence on three child pornography charges. He is currently serving this sentence at United States Penitentiary, Tucson in Tucson, Arizona.

In January, Nassar was also sentenced to between 40 and 175 years in state prison on seven sexual assault charges. He was issued this sentence following a seven-day sentencing hearing that took place in an Ingham County, Michigan courtroom.

Maroney's victim impact statement was delivered on her behalf by Michigan Assistant Attorney General Angela Povilaitis, and it was one of 169 victim impact statements that were delivered in front of Nassar himself during this hearing.

In February, Nassar was given his third prison sentence. He was given this prison sentence, a state prison sentence, on three more sexual assault charges. This sentence is for between an additional 40 and 125 years.

Nassar was issued this sentence after a three-day sentencing hearing during which 65 more people delivered victim impact statements in front of him in an Eaton County, Michigan courtroom.

Last month, Nassar was charged with six counts of second-degree sexual assault of a child in Texas. However, there has not been any more time added to any of his three lengthy prison sentences as a result of these new charges.

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