A California judge has dismissed two cases against former U.S. snowboard head coach Peter Foley, the national federation and the United States Olympic & Paralympic Committee because of lack of jurisdiction.
"We acknowledge the Court's recent decision to dismiss the lawsuits against U.S. Ski & Snowboard based on lack of jurisdiction," USSS said in a statement provided to ESPN. "U.S. Ski & Snowboard strongly believes that there is no place in sport for abuse and misconduct, and remains an organization that prioritizes the safety, health and well-being of athletes and staff."
In February, three former national team members and a former U.S. Ski & Snowboard employee sued Foley, the national federation and the USOPC alleging sex trafficking, harassment and enabling and covering up repeated acts of sexual assault and misconduct.
Olympic bronze medalist Rosey Fletcher, 2010 Olympian Callan Chythlook-Sifsof and former national team member Erin O'Malley alleged in a lawsuit filed in U.S. District Court in Los Angeles that Foley mentally and sexually abused athletes on his team, encouraged underage drinking and created a culture of inappropriate behavior, while USSS and the USOPC failed to protect their athletes and instead took steps to protect Foley.
In a separate suit, former USSS employee Lindsey Nikola sued Foley and USSS, alleging Foley verbally and sexually assaulted her on a work trip and retaliated against her for speaking out by withholding professional opportunities.
In June, Foley, USSS and the USOPC filed individual motions to dismiss the cases and in October, all four women appeared at a hearing in Los Angeles where their attorneys argued against the defendants' motions. In her ruling this week, U.S. District Judge Sherilyn Peace Garnett wrote that the women failed to establish the court's jurisdiction over the defendants.
"California was appealing to us because we feel there was a nexus of activity and misbehavior by Foley and the entities in the state. California also has its important look-back statute that allowed us to sue based on conduct Foley engaged in years ago," Kenya Davis, an attorney representing the women, told ESPN on Wednesday. "The judge disagreed with us on jurisdiction but left open the possibility of an amendment. We also have other options of places we can file and other dimensions of the case we can take on in the future. We are optimistic these women will get justice. It may just take longer than we would have liked."
Foley, U.S. Snowboard's head coach for 28 years, was fired in March 2022 and suspended from all Olympic and Paralympic activity in August 2023 following a nearly 18-month investigation by the U.S. Center for SafeSport into allegations of sexual misconduct and abuse.
"Foley's suspension by SafeSport provides some vindication for our clients, but they want him held accountable to the fullest extent of the law," Davis said. "We just need to fine-tune our complaint in light of the court's ruling. We believe there may be young women out there who have not come forward yet. They should not be discouraged. We look forward to the opportunity to pursue justice on their behalf as well."