News and Opinion from Sisters, Oregon
News and Opinion from Sisters, Oregon
A federal lawsuit filed by former Outlaws coach Nik Goertzen against a Deschutes County judge involved in a series of legal actions regarding his 2012 removal from his coaching position has been dropped and an ethics complaint against the judge has been dismissed.
Goertzen had twice been named league Coach of the Year for girls soccer before Principal Joe Hosang ended his tenure in 2012. Goertzen believes that several parents improperly influenced Hosang’s decision.
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, asserted 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...”
Goertzen also filed an ethics complaint.
Bagley asserted that she did not have a personal relationship with Moore. The state Commission on Judicial Fitness and Disability found that Bagley did not violate the code of judicial conduct and closed the case last month. The lawsuit was voluntarily dismissed on July 19.
Goertzen filed a separate federal lawsuit in June, naming former Sisters Schools Superintendent Jim Golden, current Sisters High School Principal Joe Hosang and former athletic director Gary Hedin in a complaint alleging wrongful discharge, reverse discrimination, and negligence.
In the complaint in U.S. District Court in Eugene, Goertzen argues that each defendant “developed and held an irrational and deep-rooted personal animosity against (Goertzen) and acted improperly toward (him)…”
The suit seeks compensation for emotional pain and suffering and other non-economic losses in the amount of $1.25 million in each of three claims for relief.
Attorney Peter Merserau filed a motion to dismiss the suit on July 3 on behalf of the defendants. Merserau’s motion argues that Goertzen’s complaints are “time-barred” — that each is well beyond the timeframe allowed for action under statutes of limitation. He also argues that the current claims are precluded because Goertzen has “already litigated and had the opportunity to litigate the claims in this case to final judgment in Oregon state court.” Merserau further argues that each complaint fails to rise to a legal standard of fact or legal theory and therefore do not actually state a claim for relief.
That case has yet to be resolved.
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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