RALEIGH, NC — A federal appeals court has denied dismissal of a lawsuit filed by a former NC State athlete who alleged he was sexually assaulted by the Wolfpack’s former director of sports medicine under the guise of medical treatment. was made
The 4th Circuit Court of Appeals vacated the district court’s April 2023 dismissal of the “John Doe 2” lawsuit against the school, which was filed in August 2022 and February 2023, citing inappropriate touching by Robert Murphy Jr. A similar case followed.
Tuesday’s ruling sends the case back to district court.
That court’s 2023 dismissal of claims against NC State in all three cases ruled that the school did not receive “actual notice” of the abuse. The lawsuit first alleged that former men’s soccer coach Kelly Findlay told a senior athletics official in February 2016 that he suspected Murphy was “engaging in contact … consistent with grooming behavior.” But no follow-up action was taken by the school.
The Court of Appeal determined that this was “objectively” an allegation that qualified as information. However, it noted that the lower court never determined whether the proper official had been notified, remanding that question as well.
Former football player Benjamin Locke’s first trial continued with Murphy as a named defendant. The Associated Press typically does not identify people who say they have been sexually assaulted or abused unless the person speaks publicly, which Locke has done.