Palmerton mom's wrestling lawsuit dismissed
A federal judge has dismissed a lawsuit filed by a Palmerton mother on behalf of her children against a Pleasant Valley wrestling coach.
Lori A. Moeck filed the suit on May 9, 2013, in U.S. District Court, Scranton, against Mark Getz, whom Moeck said had sexually harassed and physically abused her teenaged children, referred to in the suit as "C.M." and "A.M."This month Judge James M. Munley ruled in favor of Getz, the school district and administrators."While we do not condone the coach's actions, they simply do not rise to the level of a constitutional claim," Munley wrote."The court will further grant Getz's motion for summary judgment regarding Plaintiff C.M.'s intentional infliction of emotional distress as unopposed. Additionally, we decline to exercise supplemental jurisdiction over plaintiff's state law assault and battery claim found in Count III."Efforts to reach Moeck were unsuccessful, and Pleasant Valley officials did not immediately respond to a request for comment.The civil rights suit contended that Moeck's daughter, referred to as "A.M.," was deprived of her right to participate in an education program without sexual discrimination under the Title IX portion of the Education Amendments of 1972, and that Getz and two assistant coaches verbally harassed her.The suit also contended that Getz physically assaulted Moeck's son, identified as "C.M."Besides Getz, the suit also named then-school Superintendent Douglas Arnold, Assistant Superintendent Anthony Fadule, and Principal John Gress, who it said were aware of Getz's alleged aggressions and inappropriate behavior but looked the other way."Pleasant Valley School supervisors, including defendants Arnold, Fadule and Gress, know of defendant Getz's propensity for aggression and inappropriate verbal abuse but ignored this behavior because of the success of the wrestling program which benefited the Pleasant Valley School District, and therefore, encouraged the inappropriate misogynist and homophobic culture," the suit stated.According to the suit, C.M. began wrestling in the first grade, and was invited to join the Junior Varsity team by Getz as a freshman after having a successful junior high career.A.M. was a cheerleader in the fourth grade when she approached Pleasant Valley Youth Wrestling Association's coach, Ed Klingel, and expressed her desire to join the wrestling team. Klingel instructed A.M. to think over the decision for a week before he allowed A.M. to join his team. A.M., a junior, was in her eighth year wrestling at the time the suit was filed.Under Title IX, A.M. was permitted to wrestle with the boy's wrestling team since the school does not have a separate girls team.The suit contended Getz forced C.M. to wrestle a senior teammate 75 pounds heavier than himself, a violation of the Pennsylvania Interscholastic Athletic Association wrestling rules, at a team practice on Dec. 3, 2012.The larger wrestler, who according to the lawsuit is "was known to lose his temper," picked C.M. up and threw him through the wooden doors of the gymnasium. C.M. returned to continue the practice match and was struck in the side of the head by the larger boy's fist. C.M. prepared to retaliate against his opponent before collecting himself and attempting to leave the practice. Getz then swore at C.M. before he lifted C.M. up and slammed him into the gymnasium wall. This caused C.M. to have an asthma attack and suffer a head injury for which he had to be taken to the emergency department of the Gnaden Huetten campus of Blue Mountain Health System.In her suit, Moeck said the abuse was the result of C.M.'s decision to drop down to the junior high team after Getz had told the siblings only one of them could remain on the junior varsity team.Getz told C.M. that "he is only keeping one of the Moeck kids on the team, and that either he or A.M. would be cut from the team, strongly suggesting that he only wanted C.M., not A.M.," the case states.C.M. chose to step down in order to allow his sister to continue, but the decision made it appear to the coaches that he lacked dedication."(Getz) crossed that line and went from being a tough but fair coach … to being an uncontrolled animal by verbally abusing, harassing, my children and others, and ultimately physically assaulting my son, " Moeck said in the suit.According to the suit, A.M. said she was subjected to verbal abuse from Getz and assistant coaches Keith Smith and Matt Getz. The coaches would ask A.M. about her menstrual cycle, and told her, "… we see your pad," the suit said.It also said Getz and Smith would engage in graphic sexual discussion in front of A.M., discussing a "threesome" Getz was involved in and detailing their first sexual encounters.