Jonathan Carson, the former KHS girls basketball coach, (NRG Media photo)
KEARNEY — A hearing for substitute service will be held regarding the lawsuit filed by former Kearney High School girls basketball coach Jonathan Carson alleging different counts against two unnamed parties.
The new filing alleges the unnamed parties, called John or Jane Doe in the filings, of slander, slander with actual malice, slander per se and invasion of privacy.
On April 16, a prior hearing for substitute service had been held.
A motion for substituted service is a formal request made to the court by a party in a legal case, seeking permission to serve legal documents on the opposing party through an alternative method when traditional methods of service are not feasible or have been unsuccessful.
Following the hearing and hearing argument from Caron’s counsel, Buffalo County District Court Judge John Marsh, overruled the motion without prejudice, meaning Carson can re-file.
Marsh noted that Carson and his lawyers have attempted to conduct investigations into the names of the potential defendants. “However, (Carson) fails to give any description of such investigation other than stating that certain persons with knowledge have refused to be interviewed,” Judge Marsh wrote.
Carson has re-filed a motion for substitute service via publication and the hearing has been set for May 13 at 11 a.m.
Carson is seeking damages of $172,920.00 which would have constituted 20 years of a coaching salary and $1 million from the school districts of Buffalo County or the common school fund of the State of Nebraska.
Carson had previously filed a lawsuit alleging slander and invasion of privacy.
The suit had included 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.
The lawsuit against Garner was dismissed by Judge Marsh on March 26.
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.