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Former KHS girls basketball coach’s lawsuit against teacher dismissed

By Brian Neben Mar 28, 2024 | 3:22 PM

Jonathan Carson, the former KHS girls basketball coach, (NRG Media)

KEARNEY — The former Kearney High School girls basketball coach’s lawsuit against a teacher and mother of a former player has been dismissed in Buffalo County District Court.

Jonathan Carson had filed a lawsuit alleging slander and invasion of privacy.

The suit includes a total of six counts against Amber Garner, a parent of a player who was on Carson’s team and two other unnamed defendants, according to court documents.

Garner is listed directly in the suit and Carson alleges that she told a Buffalo County resident that Carson was engaged in an inappropriate relationship with one of his players and that he engaged in grooming behavior.

Garner also filed a brief in support of her motion to dismiss the case, which was also filed in February. Carson, in turn, filed a brief in opposition to dismiss.

In an order made on March 26, Buffalo County District Judge John Marsh dismissed the lawsuit against Garner, saying that the court, “cannot find from the face of the Compliant that Garner’s statement is privileged,” and regarding the statue of limitations, “the plaintiff’s cause of action against Garner is time-barred.”

In November 2023, Carson announced his resignation from coaching duties, citing personal reasons. Carson had been on the KHS girls’ basketball coaching staff since 2012, first serving as an assistant coach and then taking over as head coach.

Nathan Bruner, Carson’s attorney, stated in an affidavit, that on Nov. 10, Carson had been informed by KHS principal Ganz that allegations of misconduct had been made against him by members of the Kearney community.

The allegations included an inappropriate relationship with a student or an inferred grooming relationship. Bruner states that these, “were the basis of an ultimatum presented to Mr. Carson: resign or be fired that day.”

During the Dec. 11 Kearney school board meeting, several parents of basketball players appeared and spoke in support of Carson, saying that the allegations against him were unfounded.

Carson himself appeared before the board and alleged that he was the victim of a “tactical witch hunt,” that had forced his resignation.

On Dec. 13, KPS Superintendent Mundorf issued a public statement regarding Carson’s resignation verifying that the allegations had been made by community members.

“To be clear, prior to Coach Carson’s decision to resign, various allegations of professional misconduct were brought forward from the community regarding former coach JD Carson,” Mundorf said in the statement.

“Multiple players were questioned regarding these allegations and multiple players signed affidavits that confirmed these allegations were true. There has never been, nor was there any evidence to suggest that any inappropriate physical relationship occurred between Coach Carson and a player,” Mundorf stated.

“Mr. Carson was removed for legitimate causes,” Mundorf said in the closing paragraph.