Pushback: Blacklisting Virginia Tech soccer coach loses effort to get lawsuit dismissed

Kiersten Hening
Bring a gun to a knife fight: Charles Adair, the soccer coach for the woman’s team at Virginia Tech, has lost in his effort to dismiss a lawsuit against him by former player, Kiersten Hening, who he blacklisted from playing because she refused to kneel in support of Black Lives Matter during the National Anthem before a game.
Hening filed a lawsuit against Virginia Tech and Coach Adair in 2021 but Virginia Tech immediately attempted to file a motion to have the suit tossed. The athlete stated that when she refused to take part in the kneeling, which at the time was a virtue signal statement indicating public support for the Black Lives Matter movement, Adair began to insult and demean her as well as limiting her time to play during matches.
According to [U.S. District Judge Thomas T. Cullen], “Hening, who had been a major on-field contributor for two years prior to the 2020 season, also asserts that Adair removed her from the starting lineup or the next two games and drastically reduced her playing time in those games because she had engaged in this protected First Amendment activity. As a result, Hening resigned from the team after the third game of the season.” [emphasis mine]
You can read Cullen’s full decision here [pdf].
Cullen’s decision is intriguing not only because he not only threw out Adair’s effort to get the lawsuit dismissed, he also threw out Adair’s claim that he deserves “qualified immunity” as a public official. » Read more
Kiersten Hening
Bring a gun to a knife fight: Charles Adair, the soccer coach for the woman’s team at Virginia Tech, has lost in his effort to dismiss a lawsuit against him by former player, Kiersten Hening, who he blacklisted from playing because she refused to kneel in support of Black Lives Matter during the National Anthem before a game.
Hening filed a lawsuit against Virginia Tech and Coach Adair in 2021 but Virginia Tech immediately attempted to file a motion to have the suit tossed. The athlete stated that when she refused to take part in the kneeling, which at the time was a virtue signal statement indicating public support for the Black Lives Matter movement, Adair began to insult and demean her as well as limiting her time to play during matches.
According to [U.S. District Judge Thomas T. Cullen], “Hening, who had been a major on-field contributor for two years prior to the 2020 season, also asserts that Adair removed her from the starting lineup or the next two games and drastically reduced her playing time in those games because she had engaged in this protected First Amendment activity. As a result, Hening resigned from the team after the third game of the season.” [emphasis mine]
You can read Cullen’s full decision here [pdf].
Cullen’s decision is intriguing not only because he not only threw out Adair’s effort to get the lawsuit dismissed, he also threw out Adair’s claim that he deserves “qualified immunity” as a public official. » Read more