Chicago Blackhawks file motion to dismiss ex-player’s sexual harassment lawsuit

Phil Thompson, Chicago Tribune
·4 min read

The Chicago Blackhawks have filed a motion to dismiss a former player’s lawsuit, arguing that sexual harassment claims he made fall under other legal remedies he didn’t exhaust and that the clock ran out on the statute of limitations.

The player, a member of the 2009-10 Stanley Cup champion team who is identified as John Doe 1, has alleged that in May 2010 former video coach Bradley Aldrich “sent inappropriate text messages,” masturbated in front of him and threatened him “physically, financially and emotionally if the plaintiff did not engage in sexual activity” with him.

John Doe also alleges that Hawks staff, including mental skills coach James F. Gary, helped suppress the complaint in part by convincing the player he was at fault for the encounters with Aldrich, who was convicted in December 2013 of having sexual contact with a high school hockey player in Houghton, Mich.

The lawsuit is the first of two related to Aldrich and was filed May 7 in Cook County Circuit Court.

Law firm Wilson Elser filed a response Monday saying its client, the Blackhawks, “adamantly denies any wrongdoing” and asks the court to dismiss the case.

The motion argues that John Doe’s case should fall first under the jurisdiction of the Illinois Human Rights Act and the Illinois Worker’s Compensation Act and that he didn’t exhaust those legal avenues or other “administrative remedies” before filing a lawsuit.

And besides those “preemptions” under the IHRA and IWCA, the Hawks maintain the two-year statute of limitations ran out on any personal injury claim.

John Doe asserted in his original filing that he suppressed the memory of his encounters with Aldrich and the damages he suffered until July 2019, when he learned of Aldrich’s conviction and sentencing in Michigan. Aldrich was sentenced to nine months in jail (with a credit for 59 days served) and five years of probation and was ordered to register as a sex offender.

“He was told that it was his fault, he was told that if he ever brought it up again, life was over as he knew it, so he suppressed it,” attorney Susan E. Loggans told the Tribune last month. “The triggering event for him was when he learned that this guy had done it to somebody else. He felt, ‘Oh, my God, if somebody would’ve done something about this at the time, it never would’ve happened.’ So he allowed himself to bring that memory about again.”

Therefore, the player’s lawsuit contends, any statute of limitations should start from that discovery.

The Hawks’ motion to dismiss attacks that premise as well.

“Plaintiff’s claims began to run in May 2010 because plaintiff was immediately aware of the events with Aldrich giving rise to the present sexual harassment allegations, reported the events to Gary, and sought treatment from Gary,” the motion says.

And even if the court accepts the repressed memory argument, the Hawks contend John Doe let the 300-day limit (around April or May 2020) on filing a charge lapse.

“The two-year statute of limitations bars plaintiff from even getting off the proverbial bench,” the motion says.

Finally, the motion argues the repressed memory argument usually applies only to minors when a suit asks to waive the statute of limitations.

“This case does not concern allegations of childhood sexual abuse,” the motion says. “Rather, plaintiff was … an adult professional hockey player who became aware of his alleged sexual harassment and resulting injury in May 2010 when it allegedly transpired.”

A team spokesman said in a statement last month: “The Chicago Blackhawks take the allegations asserted by a former player very seriously. Based on our investigation, we believe the allegations against the organization lack merit and we are confident the team will be absolved of any wrongdoing. As this is a pending litigation matter, it would be inappropriate for us to comment further.”

The Hawks declined to comment further about this case or one involving John Doe 2, which was brought by the former high school hockey player over the 2013 assault in Michigan. Loggans also represents John Doe 2.