The last thing before adjournment of the March 13, 2023 School Board Meeting agenda was a closed session. The school board needed to talk to their lawyers about the XYZ lawsuit. Going into a Closed Session has to be done in a certain way according to State Law. And the School Board, after another contentious meeting managed to get this wrong too. According to CCS Chairman Robert Queen after the school board came back into open session, other things were also discussed without proper legal authorization. Anyway, No school board action was taken on anything according to Queen.
As far as the XYZ lawsuit goes, there was nothing for the School Board to act upon. A slate of Federal Judges all the way up to the US Supreme Court had already taken actions that certainly was NOT in favor of the CCS School Board. Every motion CCS made for dismissal of the case, Summary Judgement, appeals, etc. had been denied. CCS is going before a Judge and a Jury to try this case. Which is bad news for CCS and Taxpayers. Robert A predicts CCS is going to lose this case and lose it badly.
And, no matter how many Closed Sessions Chairman Robert Queen calls to try to keep CCS’s dirty secrets a secret while this case is going on, Court hearings, trials, etc. are public and guess who might be in the audience in the Federal Courthouse in Asheville, NC? If you guessed Robert A, you would be right. Sitting in the front row.
Folks, Robert A believes the Cleveland County School Board has about a 0.0000001% chance of getting themselves out from under this XYZ Federal Lawsuit and a multi-million-dollar jury award to XYZ. The reasons are simple and easy to understand. Some are noted as follows:
- The victim, a teenaged severely handicapped autistic boy, was assaulted by his CCS teacher at the new North Shelby School who disregarded the child’s IEP (Individual Educational Plan) and physically assaulted the child in front of witnesses.
- The teacher had an alleged, but widely known history of mistreatment of handicapped children.
- The victim received severe head injuries due to the assault and an unaddressed but obvious safety hazard that was neglectfully left over from the School’s original construction. A safety hazard prove-ably well known to CCS Staff and administration.
- The victim, although bleeding profusely from the injury to the back of his head, was NOT given immediate medical treatment. After the call to XYZ, XYZ clearly instructed CCS to have her son taken immediately for medical treatment.
- Instead, the victim was physically restrained while bleeding profusely with the Principal at North Shelby participating in pinning down the victim for the 30 minutes it took for XYZ to arrive.
- CCS, all the way up to Superintendent Stephen Fisher lied many times to XYZ about what had happened to her severely autistic son. However, other parents were present, observed the scene and will testify in Federal Court. Perhaps Supt Fisher, Robert Queen and other CCS School Board members and CCS staff will be required to testify in this matter. It will be interesting to see how many CCS witnesses “Take the Fifth” in this trial. When they do, the Jury will keep on adding Zeros to the amount of payment they will order CCS and Cleveland County Taxpayers have to pay in compensatory damages and punitive damages in this matter.
- CCS, in a previous and similar incident involving an autistic child at Kings Mountain High School was sued in Federal Court, used all kinds of dirty tricks, (one being having DSS take the child from her mother), ended up having to cough up tons of money to the child and her mother. Judges and Juries tend to multiply the payments of awards ordered when stupid folks don’t learn their lessons and continue to cause injury and trauma to autistic children and their families.
Folks, Court Records in this matter are public record and may be obtained at the Federal Courthouse in Asheville on Otis Street. If you check these records, you will find that all CCS Motions to Dismiss, Summary Judgement and Appeals have been exhausted and all denied. CCS has only one option available, go to court and be tried in this matter.
Stay tuned!!!
- More info about this XYZ affair as it develops.
- More info about the March 13, 2023 School Board meeting–multiple stories of high public interest.
