This story has been updated since its original publication.
A former Kennesaw State cheerleader’s lawsuit against Cobb Sheriff Neil Warren and former State Rep. Earl Ehrhart was dismissed by a federal judge on Thursday, Feb. 7.
Tommia Dean, the plaintiff, filed a lawsuit on Sept. 5, 2018, against former KSU President Sam Olens and other state and university officials, including Warren and Ehrhart, following accusations of a violation of civil rights. Dean accused officials of attempting to prevent her and four other cheerleaders from protesting during the national anthem before a game.
Dean’s complaint against Warren and Ehrhart was dismissed by Judge Timothy Batten in an order issued Thursday. In the order, Batten wrote that Dean did not provide the court with enough to conclude that Warren and Ehrhart attempted to prevent the cheerleaders from protesting “for any reason other than perceived disrespect to the flag,” according to the Atlanta Journal Constitution.
“Because the Court rules for Defendants on the issue of § 1985(3) animus, it declines to address the First Amendment issue,” the order said. “The Clerk is directed to drop Ehrhart and Warren as parties to this case.”
Batten’s decision follows evidence of Ehrhart and Warren’s communication with Olens via text, persuading Olens to prevent the cheerleaders from kneeling during future football games in the 2017 season, according to the AJC.
Dean’s original complaint also claims that Scott Whitlock and Matt Griffin, senior associate athletic directors at the time, “called a meeting with KSU officials” to announce that the “cheerleaders would not be allowed on the field during the national anthem, but would remain in the stadium tunnel with the mascot,” according to court documents.
In their Answer and Affirmative Defenses to Dean’s complaint, the defendants claimed that the “run of show” for the Sept. 30, 2017, football game was “designed to improve the fan experience” and was not “motivated in part by retaliation and/or discrimination,” according to court documents.
The defendants, Olens, Whitlock and Griffin, filed their answer to Dean’s complaint which stated that the plaintiff failed “to state a claim upon which relief can be granted,” according to court documents.
