No. 20-3697 ___________________________

Teresa Spagna

Plaintiff - Appellant

v. Phi Kappa Psi, Inc., a non-profit corporation; Creighton University Beta Chapter of the Phi Kappa Psi Fraternity, an unincorporated association; Park Avenue Phi Psi House, Inc., a non-profit corporation

Defendants

Collin Gill, individually and as an agent of Phi Kappa Psi Fraternity, Inc. and the Nebraska Beta Chapter of Phi Kappa Psi Fraternity; Daniel W. Tift, individually and as an agent of Phi Kappa Psi Fraternity, Inc. and the Nebraska Beta Chapter of Phi Kappa Psi Fraternity; Jonah M. Buss, individually and as an agent of Phi Kappa Psi Fraternity, Inc. and the Nebraska Beta Chapter of Phi Kappa Psi Fraternity; Cody M. Casper, individually and as an agent of Phi Kappa Psi Fraternity, Inc. and the Nebraska Beta Chapter of Phi Kappa Psi Fraternity; Troy M. Taylor, individually and as an agent of Phi Kappa Psi Fraternity, Inc. and the Nebraska Beta Chapter of Phi Kappa Psi Fraternity; Alan J. Anderson, individually and as an agent of Phi Kappa Psi Fraternity, Inc. and the Nebraska Beta Chapter of Phi Kappa Psi Fraternity; David Meler, individually and as an agent of Phi Kappa Psi Fraternity, Inc. and the Nebraska Beta Chapter of Phi Kappa Psi Fraternity; Brendan Tobin Rezich, individually and as an agent of Phi Kappa Psi Fraternity, Inc. and the Nebraska Beta Chapter of Phi Kappa Psi Fraternity; Phi Kappa Psi Fraternity, Inc., a non-profit Corporation; Nebraska Beta Chapter of Phi Kappa Psi Fraternity, an unincorporated association

Defendants - Appellees ____________ Appeal from United States District Court for the District of Nebraska - Omaha ____________

Submitted: November 17, 2021 Filed: April 5, 2022 ____________ Before BENTON, KELLY, and ERICKSON, Circuit Judges. ____________ ERICKSON, Circuit Judge.

Teresa Spagna and Christopher Wheeler were students at Creighton University (“Creighton”) in Omaha, Nebraska, during January and February of 2017. In the early morning hours of February 11, 2017, Wheeler, who was black- out drunk after the preceding weeks of participating in Phi Kappa Psi Fraternity’s rush and initiation activities, entered Spagna’s dorm room and slashed her throat with a pocketknife. Spagna survived the attack.

Spagna commenced this tort action against Phi Kappa Psi Fraternity, Inc., Nebraska Beta Chapter of Phi Kappa Psi Fraternity, and several other entities and individuals associated with the fraternity and university.1 Each defendant either moved to dismiss the complaint or moved for a judgment on the pleadings. Spagna, in turn, moved for entry of final judgment. The district court2 granted each of the defendants’ motions and denied Spagna’s motion as moot. We review de novo the

1 Spagna did not name Wheeler as a defendant in this tort action. In criminal proceedings, Wheeler pled no contest to second-degree assault and was sentenced to 30 days’ imprisonment and five years of probation. See State v. Wheeler, No. CR- 17-758 (Neb. Dist. Ct., 4th Dist., 2018). 2 The Honorable Laurie Smith Camp, United States District Judge for the District of Nebraska, now deceased; the Honorable Brian C. Buescher, United States District Judge for the District of Nebraska. -2- grants of the motions to dismiss and for judgment on the pleadings, East Coast Test Prep LLC v. Allnurses.com, Inc., 971 F.3d 747, 751 (8th Cir. 2020), and we aff