Eric N. Vitaliano – judge for the United States District Court for the Eastern District of New York Decision of the Day: EDNY Judge Finds New York's Child Victims Act Does Not Alter Limitation Times on Title IX Claims
The judge's finding comes in a lawsuit filed by a woman who says she was sexually abused by her middle school basketball coach in the late 1990s. The ruling and a summary by the Law Journal's decisions editors can be found here.
February 14, 2022 at 06:19 PM
2 minute read
EducationMinor Coe's relationship with Regan, a teacher and basketball coach employed by the Eastport-South Manor Central School District (Eastport), began in 1997 and was "fully established" in 2011 when Regan persuaded Coe to accompany him to a basketball game in New York City, caused Coe to become intoxicated, and manipulated Coe to perform an oral sex. Regan also allegedly overbore Coe's will and manipulated her into having sex with him at least three times. Under New York's Child Victims Act Coe sued Regan 17 years after their time together at Eastport ended. Invoking 42 USC §1983, Title IX of the Education Amendments Act of 1972, and New York law Coe alleged that Eastport and various Eastport officials were liable for Regan's sexual abuse and harassment of her while she was a minor student. The court dismissed Coe's federal claims against Regan and his Eastport codefendants as time-barred under otherwise applicable statutes of limitations, and declined to exercise supplemental jurisdiction over her state law-based claims. It determined the CVA does not alter the statutes of limitations on causes of action arising under federal law.
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