Florida State Loses Motion To Dismiss Kinsman Lawsuit
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MIAMI (CBSMiami/ AP) -- Florida State University lost a bid to dismiss a lawsuit filed by a former student.
Erica Kinsman has said former Florida State quarterback Jameis Winston sexually assaulted her in 2012. Her lawsuit against the university's board of trustees states the school failed to properly investigate or respond to her allegation, which denied her educational benefits. She is seeking monetary damages.
The next step in the suit against FSU is for depositions to be scheduled following Judge Mark Walker's ruling on Wednesday denying the university's motion to dismiss.
Kinsman has also filed a suit against Winston, the No. 1 pick in the 2015 NFL draft and now playing with the Tampa Bay Buccaneers.
Winston was never charged by Tallahassee police and was not disciplined following a university code of conduct hearing.
"While expected, it is an important step in moving the case forward," Kinsman's Colorado-based lawyer Baine Kerr said, "that underscores the responsibilities of schools for the safety of students."
The AP generally doesn't identify people who say they are victims of sexual assault. But Kinsman has told her story publicly in a documentary.
Kinsman originally filed the lawsuit in Orlando federal court, but Florida State argued it should be transferred to the Northern District of Florida in Tallahassee. Kinsman argued she could not get a fair trial in Tallahassee. She also said she was fearful of her safety.
But Senior U.S. District Judge Gregory Presnell said in April that his court has no jurisdiction over FSU.
Attorneys John F. Myers and David Cornwell Sr. filed a counterclaim for Winston in May stating the quarterback did not rape Kinsman, that she is motivated by greed and the quarterback suffered actual damages "greater than $75,000."
