Three men who accused Elmo puppeteer Kevin Clash of sexual abuse only to have their case thrown out on a techncality have appealed to the federal court, according to legal documents obtained by TheWrap.
The accusers’ lawsuit was tossed in June by a New York judge who said the statute of limitations had run out. New York state laws dictate that a lawsuit be filed within six years of the event in question or three years after the plaintiff turns age 21.
Clash’s attorneys convinced the state judge that the accusers failed to meet that standard. Shortly after the ruling, the plaintiff’s attorney vowed to appeal.
TheWrap’s outreach to Clash’s lawyer was not immediately acknowledged Monday.
The accusers include Cecil Singleton, who said Clash sexually abused him in 2003 when he was underage; Kevin Kiadii, who said their affair occurred in 2004; and an unnamed John Doe, who said he had a sexual relationship with Clash in the mid-’90s.
Another accuser, who originally claimed that he began having sex with Clash in 2009, dropped his complaint in April.
One other lawsuit against Clash alleges sexual abuse, filed by 24-year-old Sheldon Stephens in a Pennsylvania district court. In that state, victims have until they turn 30 to file a sexual abuse claim.
Clash resigned from Sesame Workshop last November, after the second accuser filed suit against him.
Pamela Chelin contributed to this story.