A Montana state court judge has dismissed a defamation lawsuit brought by a former women’s soccer coach at the University of Montana (UM), finding that the coach had not exhausted the remedies available to him in his contract before filing the claim in the courts as well as the fact that the statute of limitations had expired.
Plaintiff Mark Plakorus was allegedly forced to resign in early 2018 after a UM investigation found that he had used a university-issued cell phone to text escort services during recruiting trips to Las Vegas.
The investigation was allegedly triggered after team members complained that their coach was texting them excessively and at inappropriate times, among other things. The “other things” included the fact that Plakorus “would regularly touch young women’s legs, play with their hair, and that he matched on the dating app Tinder with women they knew were their age,” according to media accounts that quoted anonymous sources.
In the aftermath of the controversy, Plakorus maintained that what he did on his personal time was his personal business.
Claiming he was “devastated,” he sued the university, claiming it violated his right to privacy and breached its duty to protect confidential and private information by releasing certain employment details to media outlets after his departure.
“I’m a bit devastated that the athletic director would trash me and involve confidential information and false information throughout that whole story, and violate my rights to confidentiality,” Plakorus told The Missoulian after the parting.
The leaks, he claimed, damaged his ability to get another job.
UM, represented by Quinlan O’Connor of the state’s Risk Management and Tort Defense Division, argued that Plakorus’ allegations that UM mishandled his personnel information is an issue governed by the terms and conditions in his contract with the state. He also claimed Plakorus missed the one-year statute of limitations for contract disputes against a state entity.
The court agreed, finding that because Plakorus’ complaints were each ”contract-based,” the statute of limitations applied to his case.
Plakorus’ attorney, Quentin Rhoades, countered that Plakorus was not claiming a contract dispute.
Rhoades told The Missoulian that he plans to appeal the lower court’s ruling. The attorney provided a glimpse of his strategy to the media, suggesting that he will contend that the defendants violated Plakorus’ constitutional right to privacy and a series of other torts. In such cases, the statute of limitations extends two or three years.
“We are therefore confident that the (Montana) Supreme Court will reverse the decision and send it back for a jury trial on merits,” he told the media.
