Diego Sarabia wants a court to cut him loose from the civil suit Jane Doe filed against seven Cornell fraternity brothers.

His legal team says the case against him is "essentially a lawsuit about a forced kiss."

Sarabia's argument

Sarabia denies what Jane Doe says he did. According to reports, his lawyers argue that even if her account were accurate the claims would still fall short legally. They also say she waited too long to bring them.

Jane Doe accuses Sarabia of kissing her by force. She also says he snorted ketamine off her body.

His filing stresses that nobody claims Sarabia supplied her with drugs. It also notes he is not accused of having sex with her.

The deadline question

The lawyers say her claims of assault plus battery carry a one-year window to sue. They say the same short limit covers her claim of intentional infliction of emotional distress.

An earlier loss in court

This is not the first time Sarabia's team has gone to the judge. They earlier tried to keep the lawyers on the case from talking about it in public.

Judge Phaedra Perry-Bond turned them down. She found their push to restrict other people's speech unconvincing.

The bigger case

Jane Doe says seven members of Cornell's Chi Phi chapter gang-raped her.

The Tompkins County district attorney chose not to file charges. Letitia James, New York's attorney general, then became the special prosecutor.

Another defendant, Gillio Lopes, has accused James of bias. He wants her removed because she posted about Jane Doe online. James says the post came from a place of empathy.

A hearing on that fight was scheduled for October 29.