JACKSONVILLE, Fla. — Circuit Court Judge Michael S. Sharrit on Monday granted a motion to dismiss a lawsuit against former Jacksonville Jaguars kicker Brandon McManus brought by two flight attendants on the team's charter to London last year.
The two women accused McManus of sexual misconduct and the team of failing to supervise McManus' behavior and "failing to create a safe environment" for the flight's staff. They are seeking damages in excess of $1 million.
McManus' attorneys filed the motion to dismiss because the plaintiffs' attorneys had not included their names in court filings and were identified as “Jane Doe I and Jane Doe II.”
The judge agreed with the firm of McLaughlin and Stern that the plaintiffs' desire to keep their identities in court filings ran counter to a "well-established rule [that] lawsuits are public events and the public has a legitimate interest in knowing the facts involved in them; including the identity of the parties."
The defense's motion also said, "those defending against unverified and unproven allegations in a complaint would be at a serious disadvantage since they are required to defend themselves publicly while making their unverified and unproven allegations proceed in anonymity."
Sharrit dismissed the suit without prejudice, which means the plaintiffs are free to refile an amended complaint.
"We are very pleased with the court's order in connect with Mr. McManus' motion to dismiss these baseless allegations," Brett Gallaway, McManus' attorney, said in a statement texted to the Times-Union. "We look forward to him returning to the NFL playing field as soon as possible."
Judge said desire for anonymity not warranted
In his ruling, Sharrit wrote that Florida "recognizes a strong presumption of openness for all court proceedings ... while anonymous filing are not prohibited, they should be reserved for those exceptional circumstances that outweigh the public interest in open proceedings."
Sharrit said the allegations do not rise to the level of "exceptional case" status and that the alleged facts "fall well short of meeting the utmost intimacy factor criteria that has been applied by courts."
Sharrit cited several cases such as sexual assault at a fraternity (Doe v. University of Rhode Island), publishing a video of a partially nude plaintiff (Doe v. Sheely) and sexual harassment in the workplace (Doe v. Hallock) as case law where anonymity was not granted.
The judge also ruled that the plaintiff's claims of the threat of physical harm were "largely speculative" and that there was no evidence the two women faced "specific or imminent threat of violence or physical harm if required to publicly litigate their claims."
Sharrit wrote: "Jane Doe I and Jane Doe II have made serious allegations against a public figure and have put their credibility at issue. Fairness requires Plaintiffs be prepared to stand behind their charges publicly in the same way Defendant McManus must openly refute them."
What is alleged to have happened on the Jaguars’ flight?
McManus is accused of sexually “grinding” on and harassing two airline attendants on the Sept. 28, 2023, privately chartered flight.
According to the Plaintiffs’ suit: "As a result of the Jaguar’s non-enforcement of policy, defendant Brandon McManus drank alcohol to the point that he got drunk, along with others, and ultimately physically assaulted both plaintiffs.
"The Jaguars created this circumstance by failing to enforce existing rules. Moreover, the Jaguars had actual notice (or certainly should have) of the situation as it was occurring in the open before players, player management, and others. Such conduct had occurred before, and indeed was routine.”
What is the team’s public stance?
In its most recent statement on the case, made to media last week, the team said, “The Jaguars are committed to maintaining a respectful and professional environment for all individuals.
“The allegations related to the team plane as claimed are outrageous, false and without merit. Contrary to the assertions by counsel for the plaintiffs, the Jaguars have a clear policy prohibiting alcohol consumption on charted team flights. This policy is strictly enforced."
A Jaguars spokesman told the Times-Union late Monday that the team did not have any additional comment.
McManus did not resign after his only season with the Jaguars in 2023. Coach Doug Pederson said last spring that the team was not aware of the allegations before the decision to not bring back.
He subsequently was signed by the Washington Commanders, then released after the suit was filed.
This story was first published by The Florida Times-Union.