Chicago Blackhawks file a motion to dismiss a November lawsuit by a former prospect

CHICAGO — The Chicago Blackhawks filed a motion Tuesday to dismiss a negligence lawsuit brought by a former prospect who accused the team of covering up his complaints in 2010 that he was sexually assaulted and harassed by then-video coach Brad Aldrich.

In the motion, the Hawks’ attorneys argue the suit should be thrown out on the grounds that it missed deadlines for filing and that its claims fail to meet the standards of what constitutes negligent or intentional “infliction of emotional distress.”

In a statement to the Tribune, the NHL team said: “While we cannot comment further on active litigation, we can say that the Chicago Blackhawks remain fully committed to creating a safe workplace for every member of the organization.”

John Doe’s attorneys filed the lawsuit on Nov. 2 alleging Aldrich “groomed, harassed, threatened and assaulted” him during the 2009-10 season, including sending him “harassing text messages,” and ”on multiple occasions … ground his penis against John Doe’s back and buttocks through his clothes.”

The lawsuit alleges the Hawks suppressed John Doe’s complaint to protect their run to the Stanley Cup in June 2010.

Kyle Beach, a teammate of John Doe on the “Black Aces” squad of minor-league prospects, filed a negligence lawsuit against the Hawks in May 2021, making similar claims about Aldrich and the Hawks. Beach and the Hawks settled in December 2021.

According to the Hawks’ response to the November lawsuit, the complaint was filed more than 13 years after the alleged events occurred, and “as such, all of the claims are barred by the applicable statutes of limitations.”

Most of the claims in the suit would have a two-year deadline. Claims under the Illinois Gender Violence Act are limited to a seven-year window, a source clarified.

Another defense within the team’s motion argues the plaintiff “fails to allege a contemporaneous impact or injury with the (negligent) infliction of his emotional distress as required by law.”

That means John Doe has to allege physical injury or some other type of harm occurred at the time of the Hawks’ alleged conduct to make this claim.

For claims under the Illinois Gender Violence Act, the team not only asserts the deadline was missed, but also argues the plaintiff would have to establish the Hawks personally encouraged or assisted Aldrich’s alleged conduct in order to meet the requirements of the statute.

The team argues it learned of the allegations after the fact, so they could not have encouraged it.

Finally, the motion argues against the plaintiff’s “fraudulent concealment” claim, which can be a legal justification for missing statutory deadlines.

Essentially, if the Hawks hid a potential claim against them, it would negate the time limit.

But the team’s motion argues that John Doe was aware of the potential claims in 2010, so he can’t establish they were fraudulently concealed.

Jason J. Friedl, senior attorney with the plaintiff’s law firm Romanucci & Blandin, told the Tribune via email, “There are no surprises or novel arguments in the motion to dismiss and we will respond accordingly through our briefs. We restate that we believe our client and are firmly committed to his pursuit of justice.”