ND football player responds to charges alleged in April civil suit
By MYRA McGRIFF
Saint Mary's Editor
An Irish defensive back and his attorney filed answer and affirmative defenses last Friday in response to a civil suit filed against him April 3 by an unnamed plantiff.
A complaint for damages filed by Jane Doe's attorney alleges that Clifford Jefferson sexually assaulted her in late March and seeks damages stemming from the assualt.
"The actions of Clifford E. Jefferson, Jr. constitute battery in that he intentionally touched Jane Doe in a rude, insolent and/or angry manner. The actions of the Clifford Jefferson, Jr. constitute assault in that he intentionally committed an act which placed Jane Doe in fear. As a result of the action of Clifford Jefferson, Jr., Jane Doe experienced physical pain, suffers post traumatic stress, incurred medical bills and other harm," the complaint stated.
Until last Friday, Jefferson had not responded to the charges.
Court documents show Jefferson was served a court summons on April 5. On April 22, Jefferson's attorney William Stanley filed a motion for "enlargement of time within which to file responsive pleading."
Although the motion was granted on April 29, no other entries are made in the court information until July 16. Not all details transpiring during April 29 and July 16 are clear, but according to the court data, Stanley filed a motion to "withdraw as counsel."
Stanley told The Observer that he was retained for a criminal case, not a civil case. Since the complaint for damages was a civil matter, he withdrew from the case, "in order to protect client's interest until he obtained an attorney who deals with civil cases."
On July 31 that motion was granted.
However, between July 31 and the plaintiff's attorney filed a motion for default judgment. For an attorney to take such action, the party in question has to be non-responsive to court dates and or deadlines, according to Dinah Shelton, a Notre Dame law professor.
"Who ever is on the other side has not met the appropriate deadlines and hasn't shown up," Shelton said.
The hearing to consider the motion of default judgment was set for Sept. 6.
On Sept. 6, Jefferson retained new counsel, attorney George Herendeen. Jefferson and his attorney filed for an extension to file a response to the original complaint. Judge Jenny Manier ordered Jefferson to file a response within 10 days of Sept. 6.
On Sept. 14, Jefferson and his attorney submitted his response in the answer and affirmative defenses.
Herendeen refused comment on the case when contacted Sept. 6.
All News Stories for Thursday, September 20, 2001
