IN THE UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF OHIO

STEVE SNYDER-HILL, et al., 

Plaintiffs, 

v. 

THE OHIO STATE UNIVERSITY, 

Defendant. 

 Case No. 2:18-cv-00736-MHW-EPD 

 Judge Michael H. Watson 

 Chief Magistrate Judge Elizabeth P. Deavers 

PLAINTIFFS’ NOTICE OF SUPPLEMENTAL AUTHORITY 

Plaintiffs submit the attached opinion from the First Circuit Court of Appeals as 

supplemental authority. See Exhibit 1 (Ouellette v. Beaupre, 977 F.3d 127 (1st Cir. Oct. 7, 

2020)). Ouellette held that a plaintiff’s claim against a police department did not accrue in the 

1980s when the police officer sexually abused him, because a jury could reasonably conclude 

that, at the time plaintiff was abused, he had no “reason to suspect that the [police department] 

was not doing its job, or worse, that it was covering up [the abuser’s] conduct.” Id. at 143 

(reversing grant of summary judgment). The First Circuit held that, unlike an FTCA case where 

an employer is liable under respondeat superior, under § 1983 (like Title IX), a “constitutional 

tortfeasor’s employment with a municipality or supervision by a superior state officer does not, 

on its own, give rise to a ‘complete and present’ § 1983 cause of action.” Id. at 140. Ouellette 

provides further support that Plaintiffs did not have “complete and present” Title IX claims 

against OSU for the university’s deliberate indifference until Plaintiffs knew or should have 

known of OSU’s role in enabling Dr. Strauss’s abuse. See also Dkt 133 (Pl. Opp.) at 15 n.1 

(citing cases holding that the same federal accrual rule applies to both Title IX and § 1983). 

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Dated: Columbus, OH Respectfully submitted, 

 November 13, 2020 

By: /s/ Scott Smith, with email permission to 

Debra L. Greenberger 

SCOTT ELLIOTT SMITH, LPA 

Scott E. Smith (0003749) 

Michael L. Dillard, Jr. (0083907) 

5003 Horizons Drive, Suite 100 

Columbus, Ohio 43220 

Phone: (614) 846-1700 

Fax: (614) 486-4987 

E-Mail:ses@sestraillaw.com 

E-Mail: mld@sestriallaw.com 

Ilann M. Maazel (admitted pro hac vice) 

Debra L. Greenberger (admitted pro hac vice) 

Marissa Benavides (admitted pro hac vice) 

EMERY CELLI BRINCKERHOFF ABADY 

WARD & MAAZEL LLP 

600 Fifth Avenue, 10th Floor 

New York, New York 10020 

Phone: (212) 763-5000 

Fax: (212) 763-5001 

E-Mail: imaazel@ecbawm.com 

E-Mail: dgreenberger@ecbawm.com 

E-Mail: mbenavides@ecbawm.com 

Adele P. Kimmel (admitted pro hac vice) 

Alexandra Brodsky (admitted pro hac vice) 

PUBLIC JUSTICE, P.C. 

1620 L Street, NW, Suite 

630 Washington, DC 20036 

Phone: (202) 797-8600 

Fax: (202) 232-7203 

E-mail: akimmel@publicjustice.net 

Attorneys for Plaintiffs 

 

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CERTIFICATE OF SERVICE 

 It is hereby certified that a true and correct copy of the foregoing document was filed and 

served, via the Court’s CM/ECF system on November 13, 2020, on all counsel of record. 

 By: /s/_Debra L. Greenberger 

 Attorney for Plaintiffs 

Case: 2:18-cv-00736-MHW-EPD Doc #: 143 Filed: 11/13/20 Page: 3 of 3 PAGEID #: 2635