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Court Dismisses Two Claims Against OU Football Player Joe Mixon

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OKLAHOMA CITY -

Two out of the three claims against OU running back Joe Mixon have been dismissed, according to federal court documents.

In a civil suit filed against Mixon, Amelia Molitor and her attorney claimed negligence, willful and wanton misconduct and intentional infliction of emotional distress

According to the court document, Mixon's attorney argued that Molitor's allegations were of intentional conduct, in the nature of battery, rather than negligent conduct.  

The United States District Court for the Western District of Oklahoma agreed and ruled that intentional acts cannot be the basis for a negligence or a willful and wanton misconduct claim. 

The court ruled to throw out the two claims due to Oklahoma's one year statute of limitations for battery claims. Molitor's attorney asserted the three claims were not for battery and were subject to Oklahoma's two year limitations period for other tort claims.

Because Oklahoma adopted Intentional Infliction of Emotional Distress as an independent tort, that claim was allowed to remain.

The civil suit stems from an altercation that happened on July 25, 2014 inside a Campus Corner restaurant between Mixon and Molitor. 

According to surveillance video that was not released to the public, Mixon punched Molitor with a closed fist after she slapped him during a heated exchange. Mixon was suspended from the football team for one year and he was charged with a misdemeanor count of an act resulting in gross injury.

Mixon accepted a plea deal and entered an Alford Plea in October 2014. As part of the deal, he accepted probation in lieu of a possible trial and jail time, but maintained his innocence.

Molitor and her attorney have 14 days to file an amended complaint.

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