Scroll on back to my article published November 30, 2017 regarding the Federal Lawsuit filed against the Cleveland County School Board for Civil Rights violations. This is not the same situation as the article published just a few days ago regarding another Federal Investigation of Civil Rights violations at Cleveland County Schools. With so much dirty stuff going on at CCS it’s a wonder there are not more lawsuits. But it is still very early in 2018 and an Election Year too. I expect more lawsuits to come, and soon.
What I did not report before was there was an additional Federal Lawsuit associated with the events reported in my November 30, 2017 article against the City of Kings Mountain as well as against Kings Mountain Policeman Shane Davis-personally. This article will update you on the goings on regarding both Federal Lawsuits. Just because the School Board refuses to tell the public what is going on certainly does not mean nothing is going on. On the contrary. There is a lot going on and the School Board is running scared, for good reason.
First, a little information on lawsuit processes.
When a lawsuit is filed a process begins that often takes several years before it comes to trial. Or a settlement is reached. First the lawsuit is filed. These are Federal Lawsuits and were filed in the US Courts, Western District in Asheville, NC.
The original filing by the Plaintiff is called a “Complaint.” This complaint states the facts and events regarding how the Plaintiff was “damaged” by the Defendants as well as what the Plaintiff says what laws were violated by defendants and what the Plaintiff seeks to recover from the Defendants.
Usually the Plaintiff has 30 days to provide an “Answer” to the Complaint. This 30 days can be extended by a Federal Judge upon proper request. The Federal Lawsuit against the City of Kings Mountain and Policeman Shane Davis followed this process and both the Original Complaint and the Answer is attached at the end of this article for your convenience.
The School Board took a slightly different approach. One that is common when the Defendants have vast sums of money to pay lawyers and the Plaintiff does not have such unlimited funds as the School Board. Us Taxpayers are paying the lawyer bills for the School Board whether we like it or not. Hey, we just elected a sexual predator to the school board. We deserve to have to pay for our stupidity.
The very highly paid School Board lawyers filed a 68 page “Motion to Dismiss” stating all kinds of legal mumbo-jumbo reasons that the Plaintiffs should not be allowed to sue them. This is like the old saying, “if you can’t dazzle them with brilliance-baffle them with bullscat (scat meaning feces)” The CCS School Board is trying to hide behind a high wall of bullscat.
The Plaintiff’s lawyer has until January 8, 2018 (tomorrow) to file his written response to the Motion to Dismiss before the motion is heard in Court before a Federal Judge.
Again, this is the old trick of running up the legal bills for the little people who are seeking justice in Court against the big wheels. Unfortunately this often works. It almost always works in local Cleveland County Courts.
But this tactic is about all the School Board has. The School Board is totally guilty as charged and everybody with just a bit of information knows it. A jury will kill the School Board if they ever get to hear the case.
The City of Kings Mountain and Policeman Shane Davis know that too. That is why their answer to the complaint against them (attached below) states very often that they had no knowledge of many allegations, including knowledge of an Individual Education Plan (IEP) regarding the 15 year old girl that was beaten and pepper sprayed. But that is the crux of the problem for both the School Board AND the City of Kings Mountain. Nobody followed the IEP and the precautions called out in the IEP were not taken and the disaster the IEP was intended to prevent was not prevented. Clear and simple.
These IEPs, according to School Board Policies, are supposed to be developed for every student attending school at CCS. All 15,000 of them. But, as this case clearly shows, these IEPs are just for “show and tell.” They take up time to develop and then just go to the file cabinet where they are forgotten until the next year. In this case the School Principal, every teacher and CCS person as well as the SRO involved failed to abide by the girl’s IEP. Actually, the girl was the only one who was trying to do what she was supposed to do according to the IEP. And she got beaten and pepper sprayed twice for her trouble. By denying knowledge of the IEP, Shane Davis and the City of Kings Mountain are basically (and rightly so) throwing the School Board under the bus. Their answer is a legal document and they are denying knowledge of something CCS was responsible for them to know. That is testimony enough to show a Judge and Jury enough to sink the School Board and hold them responsible. But it still might not be enough to put Davis and Kings Mountain in the clear as they have the responsibility too to know what their job is while on CCS property.
Folks, I have not personally seen this IEP but I have talked to “sources” that have seen and read the IEP. My sources assure me that the IEP says what the Plaintiff says it says. And the Plaintiff has a copy and will show it to a jury when the time comes.
Cases such as this have brought jury awards in the millions of dollars. This may very well be another one of them. Especially since phony self investigations by both CCS and the City of Kings Mountain have found themselves in the right when it is obvious that they were in the wrong. And nobody was ever disciplined or fired or anything. I have no sympathy when the 52,000 registered Cleveland County voters who stayed home on election day get their taxes raised to pay the bills in this case. I only have sympathy for myself and Robert Queen, Kevin Whisnant and Rodney Fitch-those good candidates that did not get elected to the School Board last year while a sexual predator and a bully did get elected. Cleveland County deserves to have to pay for their folly.
There will be more to come in these lawsuits. And it is all public record that everybody has the ability to request and read for themselves. And, I will make a point to get it all and lay it out to you for your convenience. Everybody in Cleveland County, NC, USA and the world will have the opportunity to see what goes on in Cleveland County Schools.