RALEIGH, N.C. – A federal appeals court has reversed the dismissal of a former North Carolina athlete's lawsuit alleging he was sexually abused by the Wolfpack's former sports medicine director under the guise of receiving treatment.
The Fourth Circuit Court of Appeals vacated a district court's dismissal of the April 2023 lawsuit filed by “John Doe 2” against the school citing inappropriate contact by Robert Murphy Jr. that followed similar lawsuits filed in August 2022 and February 2023.
Tuesday's decision returns the case to the district court.
That court's 2023 dismissal of claims against NC State in all three lawsuits ruled that the school did not receive “actual notice” of abuse. The first lawsuit alleged that former men's soccer coach Kelly Findley told a top athletics official in February 2016 that he suspected Murphy was “maintaining contact … consistent with grooming behavior,” but that there was no follow-up action by the school.
The appeals court determined that this was “objectively” an accusation that qualified as notification. However, he noted that the lower court never determined whether the appropriate official was notified and returned that question as well.
Former footballer Benjamin Locke's first lawsuit continued with Murphy as a named defendant. The Associated Press typically does not identify those who say they have been sexually assaulted or abused unless the person has spoken publicly, which Locke has done.
