Ninth Circuit Revives Sexual Abuse Claims Against Former U.S. Snowboard Coach Peter Foley
In a major victory for survivors of abuse in Olympic sports, the U.S. Court of Appeals for the Ninth Circuit on November 7, 2025, reinstated key claims in two federal lawsuits accusing Peter Foley, the longtime head coach of the U.S. Snowboard Team, of sexual assault, grooming, and harassment. The ruling reverses a 2024 district court dismissal and allows the cases to proceed in California federal court, despite many alleged assaults occurring out of state.
Key Details of the Ruling
- Court: Ninth Circuit (Wardlaw, Koh, Gilman, J.)
- Cases: Fletcher v. U.S. Ski & Snowboard Assโn and Chythlook-Sifsof v. Foley
- Lower Court: U.S. District Court, Central District of California (Judge Dolly M. Gee) โ dismissed for lack of personal jurisdiction
- Appeal Outcome: Reversed in part โ California can exercise specific personal jurisdiction over Foley and institutional defendants
Critical Holding:
Grooming and preparatory misconduct that occurred in California (e.g., during training camps at Mammoth Mountain) is sufficient to establish jurisdiction over related out-of-state abuse claims.
The Plaintiffs & Allegations
Four women sued Foley, the U.S. Ski & Snowboard Association (USSS), and the U.S. Olympic & Paralympic Committee (USOPC):
| Plaintiff | Role | Key Allegations |
|---|---|---|
| Rosey Fletcher | 2006 Olympic bronze medalist | Coerced into sexual relationship in 2011; assault during team travel |
| Callan Chythlook-Sifsof | 2006 Olympian | Unwanted advances, assault, and harassment (2010โ2011) |
| Erin OโMalley | Former junior team member | Groomed starting at age 17; later assaulted |
| Lindsey Nikola | Ex-USSS employee | Harassed and assaulted in Colorado (2018); forced into nude photos |
All allege a pattern of predatory behavior enabled by Foleyโs unchecked authority and institutional negligence.
Why California? The Jurisdictional Hook
- Grooming in CA: Foley recruited, trained, and began inappropriate conduct with athletes at California camps (Mammoth, Lake Tahoe).
- Californiaโs Lookback Law (AB 452): Revived expired childhood sexual abuse claims through December 31, 2022 โ a powerful tool for survivors.
- Ninth Circuit Logic:
โThe claims arise out of Foleyโs purposeful direction of activities toward California residents in California.โ
Even if the final assault occurred elsewhere, the grooming process began in-state.
This is a rare expansion of specific jurisdiction in abuse cases โ a model for future litigation.
Institutional Liability: USSS & USOPC on the Hook
The court also reinstated claims against:
- USSS (Utah-based): Negligent hiring, supervision, and failure to report
- USOPC (Colorado-based): Breach of duty to enforce SafeSport policies
SafeSport Context: Foley was banned for life by the U.S. Center for SafeSport in 2023 after a 14-month investigation โ but only after public pressure from the plaintiffs.
Whatโs Next?
| Step | Timeline |
|---|---|
| Remand to District Court | Immediate โ discovery resumes |
| Potential Class Certification | 2026 โ more survivors may join |
| Settlement Pressure | High โ USSS/USOPC face reputational risk |
| Supreme Court Appeal? | Possible โ Foley may petition on jurisdiction |
Broader Impact
- Precedent for Cross-State Abuse Claims
โ Survivors can sue in states with strong victim laws, even if abuse spanned borders. - Pressure on Olympic Governing Bodies
โ USSS and USOPC now face direct liability for failing to act on red flags. - #MeToo in Winter Sports
โ Follows scandals in figure skating, gymnastics, and swimming โ a systemic reckoning.
Plaintiff Attorney Statement (Boies Schiller Flexner)
โThis ruling sends a clear message: You cannot groom a child in California, assault them in another state, and escape accountability. The court saw through the jurisdictional games.โ
โ Alison Anderson, lead counsel
Defense Response
Foleyโs team called the ruling โforum shoppingโ and vows to fight on. USSS issued a statement:
โWe take all allegations seriously and have implemented robust SafeSport policies since 2022.โ
Bottom Line
Peter Foleyโs alleged victims are one step closer to their day in court.
The Ninth Circuit has drawn a line: Grooming is not a prelude โ itโs part of the crime.
And when it happens in California, California gets to hear the case.
Follow the case on PACER (C.D. Cal. Nos. 2:23-cv-01132, 2:23-cv-01133) or CourtListener for updates.
