The attorneys of five defendants being sued by a Milwaukee woman alleging she was drugged and raped multiple times at the University of Wisconsin Sigma Chi house last fall filed a motion to dismiss the complaint against them last week.

According to documents obtained by The Badger Herald, the fraternity and its national chapter, insurers and limited liability company are asking the court to drop the complaint on the grounds the plaintiff does not make any valid claims.

“…We filed the motion to dismiss because we think the complaint fails on its face to allege any facts that would support an eventual judgment for the plaintiff,” said Dean Strang, a Madison attorney representing the defendants, in an e-mail to The Badger Herald.

Filed in the Milwaukee County Circuit Court in July, the civil suit states the UW chapter of Sigma Chi neglected to maintain a safe place for guests, leading to the woman’s injuries.

The suit also says Sigma Chi national headquarters did not maintain control over its individual chapters, even after more than a dozen criminal complaints were made against chapters nationwide since 1987.

The woman, identified as Jane Doe in the suit, is seeking punitive damages as well as compensatory damages from each of the defendants, according to the suit.

The motion to dismiss breaks the plaintiff’s claims into several parts.

The woman’s original complaint says the fraternity house falls under the Wisconsin safe place statute, meaning there is a responsibility to keep guests safe. However, the defendants’ motion says the statute is confined to a “structural or physical defect or hazard,” meaning the actions of the people who allegedly caused her harm are not included.

The motion goes on to say that under the statute, no one but the owner of the house would be liable.

The motion also says the woman’s complaint fails to prove negligence on behalf of Sigma Chi and its national chapter, stating she is missing evidence to support her allegations and fails to show her injuries were foreseeable. It goes on to say she does not show a viable connection between the defendants and her injuries.

Lastly, the motion says the complaint does not allege malicious conduct, “so punitive damages also are unavailable as a matter of law.”

“When a complaint appears to be deficient on its face, it makes sense for both sides (and the court) to look at that issue early: if the lawsuit is doomed to fail, neither side wants to spend a boatload of money on depositions, gathering and reviewing documents, investigation, and trial preparation,” Strang said.

While it is relatively common for a motion to dismiss to be filed in a civil suit, UW law professor Ralph Cagle said it is rare for a dismissal to be granted, as plaintiffs do not file complaints without reason.

“Essentially there has to be no basis for the lawsuit,” Cagle said. “You’ve got a pretty heavy burden to prove there is no basis for the suit.”

The motion to dismiss will come before a judge Dec. 23. Both sides will present their cases, and the judge will issue a decision or choose to rule at a later time.

Along with an overall granting or denial, Strang said it is possible the judge could grant or deny the motion to dismiss in part.

Unless it is fully accepted, a conference will be set to determine future deadlines for the case. A trial date may be set at that time.

“The case might extend nine months, one year, or even two years, conceivably, if the judge denies the motion to dismiss in whole or in part,” Strang said.

While the plaintiff must eventually testify in court, Deputy Court Clerk Jennifer Dembowski said she has not yet been required to appear.

UW Sigma Chi chapter President Nick Machesney declined to comment.

The Milwaukee woman’s attorney Robert Elliott nor Sigma Chi national headquarters returned calls or e-mails as of press time.

The woman has previously stated she is not permitted to speak to the media on the case.