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9th Circuit Considers Reviving Negligence Claim in Shocking Sexual Abuse Case
A former youth tennis star has petitioned a Ninth Circuit panel for a chance to revive her negligence claims linked to sexual abuse endured as a minor at the hands of her private instructor. Adrienne Jensen is challenging the dismissal of her federal lawsuit against the U.S. Tennis Association (USTA), alleging that the organization failed to safeguard her from abuse by another member. This claim was previously litigated in Kansas federal court in 2022.
Jensen, who suffered abuse across multiple states in 2010 when she was just 14 and 15 years old, initially filed suit in Arizona federal court in 2011. However, her nearly identical claim was dismissed due to res judicata—a legal doctrine akin to double jeopardy. Jensen’s attorney, Dan Canon, asserts that res judicata should not apply, as the Kansas case was decided via summary judgment and did not address the core issue of USTA’s negligence.
“No court has reached the central issue of USTA’s negligence,” Canon stated. The first case had been filed in Missouri state court before its removal to Kansas federal court, which meant Missouri’s statute of limitations governed all claims, regardless of their origin. These origins included states such as Arizona, Alabama, Nevada, along with Kansas and Missouri. The statute of limitations regarding minor sexual abuse had not yet expired in Arizona, prompting Jensen to file her second complaint there.
Heather Hatley, representing the USTA, countered that the principle of res judicata is applicable since the summary judgment decision is inherently a ruling on the merits, precluding future claims on the same matter. Hatley maintained that the issue of the USTA’s responsibility did not need exploration because the statute of limitations had already been determined.
During the proceedings, U.S. Circuit Judge Susan Graber suggested seeking an opinion from the Missouri Supreme Court on whether a summary judgment based on the statute of limitations is procedural or substantive. Such a determination could potentially favor Jensen. However, both sides agreed that existing federal common law was on their side, eliminating the need for additional input.
Jensen first became acquainted with her abuser, Rex Haultain, through the USTA in 2009. Having already attained national ranking, she relocated to Kansas City at 13 to train under Haultain, who subsequently traveled with her for tournaments. Jensen alleges that the abuse escalated throughout 2010, involving inappropriate touching, the exchange of nude photos, and an assault in a hotel room in Scottsdale, Arizona. Haultain was later arrested and deported to New Zealand.
The plaintiff claims the USTA’s negligence lies in the absence of protective policies for minor athletes, such as protocols regarding adult access to unsupervised minors, communication via text, and hotel arrangements during travel. According to Hatley, the USTA’s defense hinges on Haultain’s status as a private instructor and not an employee of the association.
“They had nothing to do with this abuse,” Hatley remarked during her argument in the federal courthouse in San Francisco. In response, Graber emphasized that this issue has never been legally clarified.
U.S. Circuit Judge Lucy Koh noted that Jensen is seemingly penalized by the complexities of extraterritorial law, while the association might benefit from the abuse that occurred across various states. Canon concluded that fairness principles should surpass the doctrine of res judicata, advocating for the young woman’s right to have her negligence claims acknowledged in the jurisdiction of the assault.
Jensen seeks a judicial evaluation of whether negligence occurred in her case. The panel, which includes judges appointed by multiple U.S. presidents, did not indicate when a ruling would be rendered.
