Nothstein drops appeal of dismissal in lawsuit against USA Cycling

Former U.S. congressional candidate and Olympic gold medal cyclist Marty Nothstein has withdrawn his appeal of a judge’s decision dismissing Nothstein’s defamation lawsuit against USA Cycling over its disclosure of a misconduct allegation against him.

U.S. District Judge Edward G. Smith dismissed the lawsuit against cycling’s governing body in November finding that the organization is shielded from liability under a federal law designed to encourage the reporting of allegations of abuse in amateur sports. Smith also found Nothstein failed to show USA Cycling’s statements about the allegation to The Morning Call were defamatory or an invasion of privacy.

Nothstein appealed the dismissal in the 3rd U.S. Circuit Court of Appeals but filed papers last week indicating he agreed to withdraw the appeal. Lawyers for Nothstein and USA Cycling did not return phone calls.

The lawsuit alleged USA Cycling damaged his reputation and invaded his privacy by placing him on a list of cyclists suspended for misconduct and by divulging the existence of the allegation to a Morning Call reporter.

The Morning Call published an article in August 2018 revealing Nothstein had been suspended from his position as director of Valley Preferred Cycling Center in Upper Macungie Township after the organization’s board became aware of the allegation. At the time, Nothstein was the Republican candidate for the 7th Congressional District seat in Lehigh and Northampton counties and chairperson of the Lehigh County Board of Commissioners.

Shortly after the misconduct accusation surfaced, Nothstein announced at a news conference that SafeSport had cleared him of wrongdoing.

Nothstein is separately suing The Morning Call, the nonprofit Velodrome Fund and its former chairperson Andrew Ralston. A trial in Lehigh County is set to begin Nov. 29.

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