On Wednesday, Cowboys quarterback Dak Prescott obtained a win in court docket, in reference to a seven-year-old sexual assault declare made earlier this yr. His legal professional issued a press release confirming the choice by Decide Angela Tucker to dismiss the case in opposition to Prescott.
“Regardless of Ms. Shores and her authorized crew’s relentless efforts to extort cash and injury Dak’s repute, justice has persistently prevailed and can proceed to take action,” Levi McCathern mentioned. “The unique lies by [the accuser], her crew, and their latest failed try and sue him civilly are all only a continuation of their extortion plot in opposition to Dak. These ploys distract from the trauma of official sexual assault survivors and undermine the progress that our society has made in supporting them. We’re proud that Dak stands up in opposition to this injustice and grateful Decide Tucker agrees.”
The specifics of the choice aren’t clear. Though the introductory paragraph to the press launch containing McCathern’s assertion explains that Decide Tucker discovered that the claims “lacked benefit and must be dismissed instantly,” it’s very uncommon for a dismissal to occur this shortly with out some particular authorized flaw within the submitting. In ruling on motions to dismiss filed on the outset of a case, the decide sometimes accepts the factual allegations as true, with the query being whether or not the regulation as utilized to these allegations, even when 100% correct, requires the case to be thrown out of court docket.
There’s no written determination, but. The V.P. of promoting with the McCathern Shokouhi Evans agency defined through e mail {that a} proposed order was submitted to Decide Tucker, and that yesterday’s determination was made out of the bench — presumably throughout oral argument on Prescott’s movement to dismiss.
The sexual assault declare was barred by the relevant statute of limitations. As a result of Prescott initially sued the accuser for extortion arising from her attorneys’ efforts to settle her allegations out of court docket, the sexual assault declare was made primarily based on a provision of Texas civil process that arguably permits in any other case time-barred claims to be pursued, if they’re a part of a counterclaim. Yesterday’s ruling fairly probably was confined to the query of whether or not that exception applies on this case, and never a press release that the allegations of sexual assault is fake.
One of many accuser’s attorneys, Yoel Zehaie, didn’t reply to an e mail despatched by PFT on Wednesday searching for touch upon this improvement.
There’s no motive to doubt that the civil claims in opposition to Prescott had been dismissed. The ultimate order signed by Decide Tucker will say loads in regards to the motive(s) for dismissing the case.
Prescott beforehand was cleared of any potential legal wrongdoing. His claims in opposition to the accuser and her attorneys are pending. On September 13, Decide Tucker will take up the query of whether or not the accuser and/or her attorneys must be sanctioned for making a frivolous declare.
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