Judge rules Kearney school officials must undergo depositions in girls basketball coach case
Two Kearney school administrators will need to undergo depositions as part of the ongoing legal claim involving the former Kearney High girls basketball coach.
By News Channel NebraskaKEARNEY, Neb. — Two Kearney school administrators will need to undergo depositions as part of the ongoing legal claim involving the former Kearney High girls basketball coach.
Buffalo County District Court Judge John Marsh issued a decision Tuesday overruling a motion to quash deposition subpoenas. The subpoenas are part of a lawsuit filed by J.D. Carson, who resigned as coach under pressure from school officials last fall. The ruling means superintendent Jason Mundorf and high school principal Jeff Ganz will need to appear for depositions.
Carson filed the lawsuit in February, alleging six counts of defamation — two against Amber Garner, who is a parent of a player, and four against unnamed defendants. Marsh dismissed the counts against Garner in March. Carson’s attorney is seeking the depositions in an effort to discover who made the alleged defamatory statements. In court documents, Carson says he was falsely accused of being in a sexual relationship with a player.
Ganz and Mundorf filed a motion to quash the deposition subpoenas. Their attorney argued the depositions shouldn’t happen because Carson’s claims would be nullified by the statute of limitations. The attorney also accused Carson of asking for the subpoenas purely to annoy or embarrass the administrators.
In his order allowing the depositions, Marsh wrote, “the Discovery Rules provide for taking a deposition when the party against whom the deposition will be used is unknown.”
The dates of the depositions aren’t assigned yet.
Carson will be the Amherst girls basketball coach this winter.