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Defense attorneys in U.Va. swim team lawsuit call for charges to be dropped

Legal teams claim Marcantonio participated voluntarily

<p>Marcantonio claims he and other first-year members were hazed by five former University swim team members.</p>

Marcantonio claims he and other first-year members were hazed by five former University swim team members.

Attorneys for the five former University swim team members accused of hazing are calling for the dismissal of the lawsuit filed by a former teammate.

The lawsuit filed this summer by former University student Anthony Marcantonio claims he and other first-year members were subjected to hazing activities including forced drinking of beer, liquor, milk and prune juice, forced sexual contact, forced consumption of a live goldfish and verbal abuse, all under the threat of retaliation for noncompliance.

Legal teams for the multiple defendants argued the charges — including hazing, assault, battery, intentional infliction of emotional distress, and negligence — should be dropped because Marcantonio and other first-years were not forced to participate in the alleged activities and remained at the swim house voluntarily.

A Charlottesville judge heard the arguments in court Monday, but no decision has yet been made. A jury trial is scheduled for September.

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