News and Opinion from Sisters, Oregon
News and Opinion from Sisters, Oregon
Former Sisters Outlaws girls soccer coach Nik Goertzen has filed a federal lawsuit against a judge involved in a series of legal actions against several parents whom Goertzen believes improperly influenced Sisters High School Principal Joe Hosang's decision to end Goertzen's tenure as a soccer coach in 2012.
Goertzen was not actually terminated from his position; his contract was not renewed. Coaches are "at-will" employees of the district. (UPDATE: While the school district has contended since 2012 that Goertzen was non-renewed rather than actively terminated, Goertzen on Tuesday evening provided The Nugget with a copy of an email dated August 29, 2012, in which Principal Joe Hosang referred to Goertzen's "termination").
Goertzen had twice been named Coach of the Year by the league before his contract was not renewed.
A lawsuit against parents Merry Ann Moore and Rob Corrigan was dismissed in August of 2014, with the defendants awarded $24,061 in attorney's fees. Goertzen sought in 2015 to have that ruling vacated (overturned), citing emails from Moore to Hosang discovered after the dismissal.
Deschutes County Circuit Court Judge Beth Bagley denied the motion to vacate.
Goertzen's suit, filed by his attorney Marlin Ard in U.S. District Court in Eugene on February 25, 2019, asserts that, "at the time the motion to vacate ... was denied by J Bagley, she was personal friends with defendant Moore. J Bagley and Moore had exchanged email addresses and had also communicated with each other through social media (Linkedin). (Note: parentheses in original.) J Bagley failed to disclose this relationship and failed to recuse herself..."
The suit also alleges that Bagley "contacted counsel of Moore, Carl Rodrigues, and instructed him to file a motion for sanctions against Ard because he had, on behalf of his client, brought an action against J Bagley's friend Moore."
The suit argues that Bagley then "unlawfully" imposed sanctions for "false certifications" in the motion to vacate.
The federal lawsuit names as defendants Judge Bagley, Deschutes County Circuit Court and Deschutes County, asserting that "defendants actions violated plaintiff's rights to due process and equal protection under the law as guaranteed by the 14th Amendment to the U.S. Constitution..." The suit seeks $1.25 million in damages for emotional pain and suffering and other non-economic losses.
Bagley's staff at Deschutes County Circuit Court referred a request for comment from The Nugget to Bagley's Department of Justice attorney Justin Kidd. DOJ spokesperson Kristina Edmunson told The Nugget that, as a matter of policy, there would be no comment on pending litigation.
Merry Ann Moore told The Nugget that due to legal constraints from previous legal matters involving Goertzen, she is unable to comment.
Jim Cornelius is editor in chief of The Nugget and author of “Warriors of the Wildlands: True Tales of the Frontier Partisans.” A history buff, he explores frontier history across three centuries and several continents on his podcast, The Frontier Partisans. For more information visit www.frontierpartisans.com.
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