Jonathan Carson, former KHS girls basketball coach, (NRG Media photo)
KEARNEY — After taking depositions of Kearney Public School officials and 30 parents, a former Kearney girls basketball coach has sought to dismiss his civil suit in Buffalo County District Court.
Jonathan Carson had filed a civil lawsuit alleging slander and invasion of privacy.
The suit includes 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.
Garner was listed directly in the suit and Carson alleges that she told a Buffalo County resident that Carson was engaged in an inappropriate relationship with one of his players and that he engaged in grooming behavior.
On March 26, 2024, Buffalo County District Judge John Marsh dismissed the lawsuit against Garner.
Carson later filed a new lawsuit against two unnamed parties, being called John or Jane Doe.
The new filing alleges John or Jane Doe of slander, slander with actual malice, slander per se and invasion of privacy.
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.
In August 2024, Carson sought subpoenas of Kearney Public Schools Superintendent Jason Mundorf and KHS principal Jeff Ganz.
KPS legal counsel sought to quash the subpoenas, but Judge Marsh overruled the motion to quash the deposition subpoenas.
Carson then sought the depositions of 30 parents who were the parents of past basketball players on the team. The depositions were taken on Feb. 26.
According to the notice of dismissal, 28 parents sign affidavits testifying that they were not the ones alleged that Carson had acted inappropriately.
The remaining two individuals, Jon and Amber Garner, communicated through their attorney that they would seek a protective order, stating that their statements made about Carson to Mundorf were privileged.
Per the notice, Carson decided to dismiss the case for two reasons, one that Mundorf and other KPS officials are protected under the doctrine of sovereign immunity under Nebraska law.
The second reason was that Carson was unwilling to bring his former players into the litigation saying that, “Carson is not willing to weaponize the children that played for him to achieve vindication. One interrogation of a child is one too many,” per the notice of dismissal.
Carson was seeking to dismiss the case with prejudice, meaning that the case would be permanently terminated and cannot be reopened.
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.
