Sex pest scout trial to go ahead in US

A lawsuit accusing a former U.S. Major League Baseball scout of demanding sexual favours from foreign players in return for a chance to play for the team will proceed in the United States and not the Dominican Republic, a federal appeals court ruled.

The decision to keep the case in the United States reverses an Aug. 1998 decision by a federal district court, which dismissed the case on grounds that the Dominican Republic would be a better forum.

Thirteen Dominican players accuse former San Francisco Giants scout Luis Rosa, 54, of demanding sexual favors from them, and then cutting them from a farm team when they refused to comply.

Rosa has denied the accusations and said the players were cut because they didn't have enough talent.

In his court opinion Wednesday, Judge William A. Fletcher said the case should proceed in this country because the United States is "a forum with a substantial relation to the action."

Additionally, Fletcher wrote that there appeared to be no guarantee that Rosa would show up in court if proceedings took place in the Dominican Republic.

"Plaintiffs produced affidavits from two people who recount that Rosa told them he did not plan to return to the Dominican Republic where he faces possible imprisonment," Fletcher wrote.

Rosa had agreed to appear in any Dominican proceedings, but the district court had not made their dismissal of the case contingent upon his participation, the judge said.

According to the lawsuit filed in April 1998, the 13 players said Rosa subjected them to "sexual jokes, comments and inquiries" and "sexual advances to which the penalty of refusal was suspension or termination."

The lawsuit, which seeks unspecified damages, also alleges that Giants management knew about Rosa's behavior and, in failing to fire him, became legally responsible for his actions.

At the time the lawsuit was filed, Giants vice president and general counsel Jack Bair issued a statement saying the Giants have a "strong policy prohibiting sexual harassment" and that anyone who engages in it may be fired.

Rosa said he was the victim of an extortion attempt by players, noting that three other players who originally intended sue Rosa for sexual harassment later admitted they had lied.

Rosa, a native of Puerto Rico who spent 21 years in Latin America working for several major league teams, recruited players such as Roberto and Sandy Alomar, Juan Gonzalez and Sammy Sosa.

The Giants placed Rosa on unpaid administrative leave in 1997 and he resigned shortly after.

Nancy Pritikin, a lawyer for the Giants, said that she and her colleagues hadn't fully reviewed Wednesday's decision.

"However, we're confident that the U.S. District court acted appropriately in dismissing the case," she said. "We will seek further review and reconsideration of the Ninth Circuit Court opinion."

Life and Style
Angel Di Maria is shown the red card
tech
Sport
Roger Federer after his win over Tomas Berdych
sport
Life and Style
News in briefs: big pants in 'Bridget Jones's Diary'
fashionBig knickers are back
Sport
James Milner is set to sign for Liverpool this week despite rival interest from Arsenal
sportReds baulk at Benteke £32.5m release clause
News
The controversial Motor Neurone Disease Association poster, featuring sufferer Michael Smith, has drawn a series of angry complaints
newsThis one has been criticised for its 'threatening tone'
Latest stories from i100
Have you tried new the Independent Digital Edition apps?

Day In a Page

On your feet! Spending at least two hours a day standing reduces the risk of heart attacks, cancer and diabetes, according to new research

On your feet!

Spending half the day standing 'reduces risk of heart attacks and cancer'
Liverpool close in on Milner signing

Liverpool close in on Milner signing

Reds baulk at Christian Benteke £32.5m release clause
With scores of surgeries closing, what hope is there for the David Cameron's promise of 5,000 more GPs and a 24/7 NHS?

The big NHS question

Why are there so few new GPs when so many want to study medicine?
Big knickers are back: Thongs ain't what they used to be

Thongs ain't what they used to be

Big knickers are back
Thurston Moore interview

Thurston Moore interview

On living in London, Sonic Youth and musical memoirs
In full bloom

In full bloom

Floral print womenswear
From leading man to Elephant Man, Bradley Cooper is terrific

From leading man to Elephant Man

Bradley Cooper is terrific
In this the person to restore our trust in the banks?

In this the person to restore our trust in the banks?

Dame Colette Bowe - interview
When do the creative juices dry up?

When do the creative juices dry up?

David Lodge thinks he knows
The 'Cher moment' happening across fashion just now

Fashion's Cher moment

Ageing beauty will always be more classy than all that booty
Thousands of teenage girls enduring debilitating illnesses after routine school cancer vaccination

Health fears over school cancer jab

Shock new Freedom of Information figures show how thousands of girls have suffered serious symptoms after routine HPV injection
Fifa President Sepp Blatter warns his opponents: 'I forgive everyone, but I don't forget'

'I forgive everyone, but I don't forget'

Fifa president Sepp Blatter issues defiant warning to opponents
Extreme summer temperatures will soon cause deaths of up to 1,700 more Britons a year, says government report

Weather warning

Extreme summer temperatures will soon cause deaths of up to 1,700 more Britons a year, says government report
LSD: Speaking to volunteer users of the drug as trials get underway to see if it cures depression and addiction

High hopes for LSD

Meet the volunteer users helping to see if it cures depression and addiction
German soldier who died fighting for UK in Battle of Waterloo should be removed from museum display and given dignified funeral, say historians

Saving Private Brandt

A Belgian museum's display of the skeleton of a soldier killed at Waterloo prompts calls for him to be given a dignified funeral