Murray County Schools Response
-
Upload
matt-hennie -
Category
Documents
-
view
219 -
download
0
Transcript of Murray County Schools Response
-
8/2/2019 Murray County Schools Response
1/32
Page 1 of 32
IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF GEORGIAROME DIVISION
DAVID and TINA LONG, )
Individually, and as Natural )
Parents of TYLER LEE LONG, )
Deceased, )
)
Plaintiffs, ) CIVIL ACTION NO.:
) 4:10-CV-00015-HLM
v. )
)
MURRAY COUNTY SCHOOL )
DISTRICT and GINA LINDER, )
In her individual and official )
Capacity as Principal of Murray )
County High School, )
)
Defendants. )
_______________________________
ANSWER AND DEFENSES OF DEFENDANTS MURRAY COUNTY
SCHOOL DISTRICT AND GINA LINDER
COME NOW Defendants Murray County School District and Gina Linder,
in her individual and official capacity as Principal of Murray County High School
(hereinafter collectively referred to as Defendants), and respond to the
Complaint of the Plaintiffs by filing this Answer and further showing this Court as
follows:
Case 4:10-cv-00015-HLM Document 6 Filed 04/16/10 Page 1 of 32
-
8/2/2019 Murray County Schools Response
2/32
Page 2 of 32
FIRST DEFENSE
For a first defense, Defendants respond to the enumerated paragraphs of the
Plaintiffs Complaint as follows:
PARTIES, JURISDICTION, AND VENUE
1.
Defendants admit that portion of the facts as alleged in paragraph 1 of
Plaintiffs Complaint that Plaintiffs are residents of Murray County, Georgia; that
they were the parents of Tyler Lee Long, deceased (Tyler Long) and that Tyler
Long was a person with a disability. Defendants deny the remaining facts as
alleged in paragraph 1 of Plaintiffs Complaint and demand strict proof thereof.
To the extent paragraph 1 of Plaintiffs Complaint recites allegations of law, such
legal conclusions do not require a specific admission or denial.
2.
Defendants admit that portion of the facts as alleged in paragraph 2 of
Plaintiffs Complaint that Murray County School District (hereinafter referred to as
MCSD) operates the Murray County High School in Chatsworth, Georgia and
can be served with process through its Superintendant, although it has
acknowledged service. Defendants deny the remaining facts as alleged in
paragraph 2 of Plaintiffs Complaint and demand strict proof thereof. To the
Case 4:10-cv-00015-HLM Document 6 Filed 04/16/10 Page 2 of 32
-
8/2/2019 Murray County Schools Response
3/32
Page 3 of 32
extent paragraph 2 of Plaintiffs Complaint recites allegations of law, such legal
conclusions do not require a specific admission or denial.
3.
Defendants admit that portion of the facts as alleged in paragraph 3 of
Plaintiffs Complaint that Defendant Gina Linder (hereinafter referred to as
Linder) is the Principal of the Murray County High School and was at all
relevant times. Defendant Linder has acknowledged service of the Complaint. To
the extent paragraph 3 of Plaintiffs Complaint recites allegations of law, such
legal conclusions do not require a specific admission or denial.
4.
Paragraph 4 of Plaintiffs Complaint recites allegations of law, such legal
conclusions do not require a specific admission or denial. To the extent such a
response is required, Defendants deny that Plaintiffs have presented any viable
claims, either federal or state, and as such deny the allegations made and demand
strict proof thereof.
5.
Paragraph 5 of Plaintiffs Complaint recites allegations of law, such legal
conclusions do not require a specific admission or denial. To the extent such a
response is required, Defendants deny that Plaintiffs have presented any viable
Case 4:10-cv-00015-HLM Document 6 Filed 04/16/10 Page 3 of 32
-
8/2/2019 Murray County Schools Response
4/32
Page 4 of 32
claims, either federal or state, and as such deny the allegations made and demand
strict proof thereof.
6.
Defendants admit the facts as alleged in paragraph 6 of Plaintiffs
Complaint.
7.
Defendants are without knowledge or information sufficient to form a belief
as to the truthfulness of the facts as alleged in paragraph 7 of Plaintiffs Complaint,
and therefore deny same and demand strict proof thereof.
8.
Defendants are without knowledge or information sufficient to form a belief
as to the truthfulness of the facts as alleged in paragraph 8 of Plaintiffs Complaint,
and therefore deny same and demand strict proof thereof.
FACTUAL BACKGROUND
9.
Defendants admit that portion of the facts as alleged in paragraph 9 of
Plaintiffs Complaint that Tyler Long was a student at Murray County High
School. Defendants are without knowledge or information sufficient to form a
Case 4:10-cv-00015-HLM Document 6 Filed 04/16/10 Page 4 of 32
-
8/2/2019 Murray County Schools Response
5/32
Page 5 of 32
belief as to the truthfulness of the facts as alleged in paragraph 9 of Plaintiffs
Complaint, and therefore deny same and demand strict proof thereof; although
MCSD records indicate that Tyler Longs birthday was April 25, 1992, not April 4,
1992 as alleged in the Complaint.
10.
Defendants admit that portion of the facts as alleged in paragraph 10 of
Plaintiffs Complaint that Tyler Long was diagnosed with Asbergers Disorder and
that he had an appropriate Individualized Education Program (hereinafter referred
to as IEP) as mandated by the Individuals with Disabilities in Education Act and
that the appropriate members of the Murray County High School staff were aware
of it. Defendants further state that the IEP that was put into place for Tyler Long
by MCSD allowed him certain accommodations that were not available to all
students at Murray County High School and that MCSD not only abided by the
IEP, but also provided him accommodations that were not required by the IEP.
Defendants deny the remaining facts as alleged in paragraph 10 of Plaintiffs
Complaint, and therefore deny same and demand strict proof thereof. Because
Tyler Long committed suicide at his home, the duty to protect him at his home
belongs to the Plaintiffs.
Case 4:10-cv-00015-HLM Document 6 Filed 04/16/10 Page 5 of 32
-
8/2/2019 Murray County Schools Response
6/32
Page 6 of 32
11.
Defendants are without knowledge or information sufficient to form a belief
as to the truthfulness of the facts as alleged in paragraph 11 of Plaintiffs
Complaint in that the definitions of what is (or was) Asbergers Disorder are
(were) varied and the definition provided by Plaintiffs in paragraph 11 of
Plaintiffs Complaint is incomplete. As such, Defendants deny the facts as alleged
in paragraph 11 of Plaintiffs Complaint, and demand strict proof thereof.
12.
No response is required of Defendants to paragraph 12 of Plaintiffs
Complaint. To the extent any response is required, Defendants deny the facts as
alleged in paragraph 12 of Plaintiffs Complaint and demand strict proof thereof.
13.
Defendants admit that portion of the facts as alleged in paragraph 13 of
Plaintiffs Complaint that Tyler Long had an IEP in place regarding Tyler Longs
disabilities, but note that on February 3, 2006, Tyler Long was an 8th
grade student
at Gladden Middle School, not a high school student as alleged. Defendants deny
the remaining facts as alleged in paragraph 13 of Plaintiffs Complaint and demand
strict proof thereof. Tyler Long was not constantly bullied as alleged in
Plaintiffs Complaint. On the occasions when he utilized the accommodations in
Case 4:10-cv-00015-HLM Document 6 Filed 04/16/10 Page 6 of 32
-
8/2/2019 Murray County Schools Response
7/32
Page 7 of 32
his IEP allowing him to leave class to speak with a teacher or counselor regarding
stress that he was feeling due to interaction with another student, MCSD responded
swiftly and appropriately. Although Plaintiffs made allegations of constant
bullying after Tyler Longs death, subsequent investigations revealed that the
allegations made by Plaintiffs were unsupported or proven to be contrary to the
facts.
14.
Defendants admit the facts as alleged in paragraph 14 of Plaintiffs
Complaint but clarify their admission that the language quoted in paragraph 14 of
Plaintiffs Complaint is an incomplete quote from the Psycho-education report
form of April 26, 2006.
15.
Defendants deny the factual allegations contained in paragraph 15 of
Plaintiffs Complaint. Investigations revealed that the allegations made by
Plaintiffs were unsupported or proven to be contrary to the facts and that no brutal
and systemic pattern of bullying of Tyler Long occurred.
Case 4:10-cv-00015-HLM Document 6 Filed 04/16/10 Page 7 of 32
-
8/2/2019 Murray County Schools Response
8/32
Page 8 of 32
16.
Defendants deny the factual allegations contained in paragraph 16 of
Plaintiffs Complaint and demand strict proof thereof. Tyler Long was not
ridiculed and emotionally bullied and physically beaten by other High School
students on a regular basis. Subsequent investigations revealed that the
allegations made by Plaintiffs were unsupported or proven to be contrary to the
facts.
17.
Defendants deny the factual allegations contained in paragraph 17 of
Plaintiffs Complaint and demand strict proof thereof. Subsequent investigations
performed regarding the incident alleged in paragraph 17 of Plaintiffs Complaint
determined the incident not to have occurred. During this limited time period,
MCSD communicated with Plaintiff Tina Long who repeatedly expressed
frustration both with Tyler Long and with dealing with his disability. Plaintiff
Tina Long also expressed sincere appreciation for Murray County School District
administrators stating that they had been of great help to her.
Case 4:10-cv-00015-HLM Document 6 Filed 04/16/10 Page 8 of 32
-
8/2/2019 Murray County Schools Response
9/32
Page 9 of 32
18.
Defendants deny the facts as alleged in paragraph 18 of Plaintiffs
Complaint and demand strict proof thereof. The investigation promptly performed
by MCSD at the time of the incident revealed that the incident at issue did not
happen as alleged. Nevertheless, the students found to be at fault for the incident
were assigned to multiple days of In-School Suspension and the incident was
turned over to the School Resource Officer (police).
19.
Defendants deny the factual allegations contained in paragraph 19 of
Plaintiffs Complaint and demand strict proof thereof. The investigation
performed by MCSD regarding the allegations made in paragraph 19 of Plaintiffs
Complaint determined that the incidents at issue never occurred. It is important to
note that during this time period, the school district had already assigned school
resource officers and administrators to monitor the lunch room in addition to
several regular lunch room employees.
20.
Defendants deny the factual allegations contained in paragraph 20 of
Plaintiffs Complaint and demand strict proof thereof. Defendants took
appropriate actions to fulfill their duties due to all students in Murray County High
Case 4:10-cv-00015-HLM Document 6 Filed 04/16/10 Page 9 of 32
-
8/2/2019 Murray County Schools Response
10/32
Page 10 of 32
School, including Tyler Long, and provided him with all accommodations required
by the IEP that MCSD put in place for him.
21.
Defendants deny the factual allegations contained in paragraph 21 of
Plaintiffs Complaint and demand strict proof thereof. While Tyler Long did eat
lunch with the teachers while he was in 8th
Grade at Gladden Middle School, this
was done at Plaintiff Tina Longs request and not in response to any complaint
about alleged bullying. While in high school, Tyler Long was provided with
accommodations regarding where he could eat, especially if he felt tense or was
not having a good moment per his IEP. However, Plaintiff Tina Long repeatedly
told MCSD that she did not want Tyler Long to use those accommodations unless
absolutely necessary. There was no extent and consistency of bullying
experienced by Tyler Long.
22.
Defendants deny that portion of the facts as alleged in paragraph 22 of
Plaintiffs Complaint that Tyler Long was bullied at Murray County High School
and demand strict proof thereof. Defendants are without knowledge or information
Case 4:10-cv-00015-HLM Document 6 Filed 04/16/10 Page 10 of 32
-
8/2/2019 Murray County Schools Response
11/32
Page 11 of 32
sufficient to form a belief as to the truthfulness of the remaining facts as alleged in
paragraph 22 of Plaintiffs Complaint and therefore deny same and demand strict
proof thereof.
23.
Defendants deny the facts as alleged in paragraph 23 of Plaintiffs
Complaint and demand strict proof thereof. Plaintiff Tina Long participated in IEP
meetings in which accommodations were discussed and implemented as part of
Tyler Longs IEP. Tyler Longs situation was monitored in accordance with his
IEP. In addition, Defendants never refused to meet with Plaintiffs and promptly
responded to all inquiries.
24.
Defendants deny the facts as alleged in paragraph 24 of Plaintiffs
Complaint and demand strict proof thereof. On the rare occasion when
intervention was necessary for Tyler Long, members of MCSD intervened as
appropriate. There was no repeated or systematic bullying of Tyler Long and
MCSD provided a safe environment for Tyler Long. Tyler Long committed
suicide at Plaintiffs house, not at or on MCSD property.
Case 4:10-cv-00015-HLM Document 6 Filed 04/16/10 Page 11 of 32
-
8/2/2019 Murray County Schools Response
12/32
Page 12 of 32
25.
Defendants deny the facts as alleged in paragraph 25 of Plaintiffs
Complaint and demand strict proof thereof. Tyler Long was not bullied on a
regular basis nor would such behavior have been allowed. Defendants fulfilled all
legal obligations.
26.
Defendants deny the facts as alleged in paragraph 26 of Plaintiffs
Complaint and demand strict proof thereof. The allegations made after Tyler
Longs death regarding the facts alleged in paragraph 26 of Plaintiffs Complaint
were fully investigated and it was determined that no such incident ever occurred.
In fact, it was further determined that one of the students mentioned in paragraph
26 of Plaintiffs Complaint, Z.H., was neither enrolled in the same guitar class as
Tyler Long nor even on the same side of the building when the alleged incident
supposedly took place.
27.
Defendants deny the facts as alleged in paragraph 27 of Plaintiffs
Complaint and demand strict proof thereof. The allegations made after Tyler
Longs death regarding the facts alleged in paragraph 27 of Plaintiffs Complaint
were fully investigated and it was determined that no such incident ever occurred.
Case 4:10-cv-00015-HLM Document 6 Filed 04/16/10 Page 12 of 32
-
8/2/2019 Murray County Schools Response
13/32
Page 13 of 32
The teacher was present in the classroom at all relevant times and his office which
is adjoining to the classroom has a large glass window that allows the teacher to
see into the classroom when he is in the adjoining office.
28.
Defendants deny the facts as alleged in paragraph 28 of Plaintiffs
Complaint and demand strict proof thereof. The allegations made after Tyler
Longs death regarding the facts alleged in paragraph 28 of Plaintiffs Complaint
were fully investigated and it was determined that no such incidents ever occurred.
In fact, Tyler Longs lead teacher, who was aware of his disability and IEP
accommodations, saw Tyler Long on the afternoon of October 16, 2009 and noted
nothing unusual about Tyler Longs mood. Tyler Long even commented to this
lead teacher that he would see the lead teacher at Tyler Longs place of
employment two days later.
29.
Defendants deny the facts as alleged in paragraph 29 of Plaintiffs
Complaint and demand strict proof thereof. The allegations made after Tyler
Longs death regarding the facts alleged in paragraph 29 of Plaintiffs Complaint
were investigated by the Chatsworth Police Department who reported to MCSD
that no such incidents ever occurred. It is understood that the video footage of the
Case 4:10-cv-00015-HLM Document 6 Filed 04/16/10 Page 13 of 32
-
8/2/2019 Murray County Schools Response
14/32
Page 14 of 32
school bus for the afternoon of October 16, 2009, which is in the possession of the
Chatsworth Police Department, shows that no student, including M.B. who is
named in the Complaint, bullied Tyler Long on that date and that the only
interactions on the video footage that are of note are Tyler Longs brother calling
him gay and Tyler Longs sister calling him stupid.
30.
Defendants admit that portion of the facts as alleged in paragraph 30 of
Plaintiffs Complaint that Tyler Long committed suicide in the early morning
hours of October 17, 2009. Defendants are without knowledge or information
sufficient to form a belief as to the truthfulness of the remaining facts as alleged in
paragraph 30 of Plaintiffs Complaint, and therefore deny same and demand strict
proof thereof. Only after the suicide did Plaintiff Tina Long provide Linder with
information regarding Tyler Longs pre-suicide state-of-mind; however, Tyler
Long committed suicide at Plaintiffs house and not on any property owned by
MCSD. Defendants also understand that Tyler Long left a note explaining the
reasons for his suicide.
Case 4:10-cv-00015-HLM Document 6 Filed 04/16/10 Page 14 of 32
-
8/2/2019 Murray County Schools Response
15/32
Page 15 of 32
COUNT I: VIOLATION OF 42 U.S.C. 1983 DUE PROCESS
31.
Defendants incorporate their responses to paragraphs 1-6 and 9-30 as if fully
set forth herein and in response to the allegations contained in paragraph 31 of
Plaintiffs Complaint.
32.
Defendants admit that portion of the facts as alleged in paragraph 32 of
Plaintiffs Complaint that Defendant Linder and Murray County High School
employees act under color of law. Defendants deny the remaining facts as alleged
in paragraph 32 of Plaintiffs Complaint, and demand strict proof thereof.
33.
Defendants admit that portion of the facts as alleged in paragraph 33 of
Plaintiffs Complaint that Defendant Linder and other employees of MCSD had
actual knowledge of Tyler Longs disability. Defendants deny the remaining facts
as alleged in paragraph 32 of Plaintiffs Complaint, including but not limited to
any allegation that Tyler Long was subjected to systematic bullying and demand
strict proof thereof.
Case 4:10-cv-00015-HLM Document 6 Filed 04/16/10 Page 15 of 32
-
8/2/2019 Murray County Schools Response
16/32
Page 16 of 32
34.
Defendants deny the facts as alleged in paragraph 34 of Plaintiffs
Complaint, and demand strict proof thereof.
35.
Defendants deny the facts as alleged in paragraph 35 of Plaintiffs
Complaint, and demand strict proof thereof. There was no obvious, flagrant,
rampant and continued bullying of Tyler Long at Murray County High School
and the investigations into allegations of Tyler Longs suicide provides the support
for such conclusion.
36.
Defendants deny the facts as alleged in paragraph 36 of Plaintiffs
Complaint, and demand strict proof thereof. Tyler Long committed suicide while
under the care, custody and control of Plaintiffs, not Defendants.
37.
Defendants deny the facts as alleged in paragraph 37 of Plaintiffs
Complaint, and demand strict proof thereof. As demonstrated by the investigations
performed, there was no continual and pervasive bullying of Tyler Long. The
appropriate employees at MCSD were properly and adequately trained to
effectuate Tyler Longs IEP and investigated and responded as needed.
Case 4:10-cv-00015-HLM Document 6 Filed 04/16/10 Page 16 of 32
-
8/2/2019 Murray County Schools Response
17/32
Page 17 of 32
38.
Defendants deny the facts as alleged in paragraph 38 of Plaintiffs
Complaint, and demand strict proof thereof. As demonstrated by the investigations
performed, there was no continual and pervasive bullying of Tyler Long.
39.
Defendants deny the facts as alleged in paragraph 39 of Plaintiffs
Complaint, and demand strict proof thereof. All appropriate policies and
procedures were in place to effectuate Tyler Longs IEP.
40.
Defendants deny the facts as alleged in paragraph 40 of Plaintiffs
Complaint, and demand strict proof thereof.
41.
Defendants deny the facts as alleged in paragraph 41 of Plaintiffs
Complaint and demand strict proof thereof. Tyler Longs disability and his needs
were appropriately addressed by Defendants. As demonstrated throughout this
Answer, there was no ongoing bullying problem.
42.
Defendants deny the facts as alleged in paragraph 42 of Plaintiffs
Complaint and demand strict proof thereof.
Case 4:10-cv-00015-HLM Document 6 Filed 04/16/10 Page 17 of 32
-
8/2/2019 Murray County Schools Response
18/32
Page 18 of 32
43.
Defendants deny the facts as alleged in paragraph 43 of Plaintiffs
Complaint and demand strict proof thereof.
COUNT II: VIOLATION OF 42 U.S.C. 1983 EQUAL
PROTECTION
44.
Defendants incorporate their responses to paragraphs 1-6, 9-30 and 32-43 as
if fully set forth herein and in response to the allegations contained in paragraph 44
of Plaintiffs Complaint.
45.
Defendants deny the facts as alleged in paragraph 45 of Plaintiffs
Complaint and demand strict proof thereof.
46.
Defendants deny the facts as alleged in paragraph 46 of Plaintiffs
Complaint and demand strict proof thereof. As demonstrated throughout this
Answer, there was no harassment, bullying and physical and emotional assaults
upon Tyler Long; nor was there an environment of abuse and bullying within
Murray County High School.
Case 4:10-cv-00015-HLM Document 6 Filed 04/16/10 Page 18 of 32
-
8/2/2019 Murray County Schools Response
19/32
Page 19 of 32
47.
Defendants deny the facts as alleged in paragraph 47 of Plaintiffs
Complaint and demand strict proof thereof.
48.
Defendants deny the facts as alleged in paragraph 48 of Plaintiffs
Complaint and demand strict proof thereof. All appropriate school employees
were adequately trained.
49.
Defendants deny the facts as alleged in paragraph 49 of Plaintiffs
Complaint and demand strict proof thereof.
50.
Defendants deny the facts as alleged in paragraph 50 of Plaintiffs
Complaint and demand strict proof thereof.
51.
Defendants deny the facts as alleged in paragraph 51 of Plaintiffs
Complaint and demand strict proof thereof.
52.
Defendants deny the facts as alleged in paragraph 52 of Plaintiffs
Complaint and demand strict proof thereof.
Case 4:10-cv-00015-HLM Document 6 Filed 04/16/10 Page 19 of 32
-
8/2/2019 Murray County Schools Response
20/32
Page 20 of 32
COUNT III: VIOLATIONS OF 29 U.S.C. 794 AND 42 U.S.C. 12132
53.
Defendants incorporate their responses to paragraphs 1-6, 9-30, 32-43 and
45-52 as if fully set forth herein and in response to the allegations contained in
paragraph 53 of Plaintiffs Complaint.
54.
Defendants admit that portion of the facts alleged in paragraph 54 of
Plaintiffs Complaint that Tyler Long was diagnosed with Asbergers Disorder.
Defendants deny the remaining facts as alleged in paragraph 54 of Plaintiffs
Complaint and demand strict proof thereof. To the extent paragraph 54 of
Plaintiffs Complaint recites allegations of law, such legal conclusions do not
require a specific admission or denial.
55.
Defendant admits that portion of the facts alleged in paragraph 55 of
Plaintiffs Complaint that Tyler Long was a student at Murray County School
District, enrolled in Murray County High School and qualified for services,
programs or activities. Defendants deny the remaining facts as alleged in
paragraph 55 of Plaintiffs Complaint and demand strict proof thereof. There was
no known bulling at Murray County High School. To the extent paragraph 55 of
Case 4:10-cv-00015-HLM Document 6 Filed 04/16/10 Page 20 of 32
-
8/2/2019 Murray County Schools Response
21/32
Page 21 of 32
Plaintiffs Complaint recites allegations of law, such legal conclusions do not
require a specific admission or denial.
56.
Defendants deny the facts as alleged in paragraph 56 of Plaintiffs
Complaint and demand strict proof thereof. Tyler Long committed suicide at
Plaintiffs house, not on any property owned by MCSD.
57.
Defendants deny the facts as alleged in paragraph 57 of Plaintiffs
Complaint and demand strict proof thereof. The investigations performed
confirmed that there was no continuous bullying, harassment and physical and
emotional abuse of Tyler Long at Murray County High School.
58.
Paragraph 58 of Plaintiffs Complaint recites allegations of law, such legal
conclusions do not require a specific admission or denial. To the extent such a
response is required, Defendants deny the facts as alleged in paragraph 58 of
Plaintiffs Complaint and demand strict proof thereof.
59.
Defendants deny the facts as alleged in paragraph 59 of Plaintiffs
Complaint and demand strict proof thereof. The investigations performed
Case 4:10-cv-00015-HLM Document 6 Filed 04/16/10 Page 21 of 32
-
8/2/2019 Murray County Schools Response
22/32
Page 22 of 32
confirmed that there was no constant bullying and harassment of Tyler Long and
at no time did Linder or any other MCSD employee act in bad faith or demonstrate
gross misjudgment. Only after the suicide did Plaintiff Tina Long provide Linder
with information regarding Tyler Longs pre-suicide state-of-mind; however, Tyler
Long committed suicide at Plaintiffs house and not on any property owned by
MCSD. Defendants also understand that Tyler Long left a note explaining the
reasons for his suicide.
60.
Defendants deny the facts as alleged in paragraph 60 of Plaintiffs
Complaint and demand strict proof thereof. Tyler Long was provided a Free and
Appropriate Public Education as evidenced by the effectuation of his IEP. As
demonstrated throughout this Answer, there was no constant bullying and
harassment of Tyler Long.
61.
Paragraph 61 of Plaintiffs Complaint recites allegations of law, such legal
conclusions do not require a specific admission or denial. To the extent such a
response is required, Defendants deny the facts as alleged in paragraph 61 of
Plaintiffs Complaint and demand strict proof thereof.
Case 4:10-cv-00015-HLM Document 6 Filed 04/16/10 Page 22 of 32
-
8/2/2019 Murray County Schools Response
23/32
Page 23 of 32
62.
Defendants deny the facts as alleged in paragraph 62 of Plaintiffs
Complaint and demand strict proof thereof.
COUNT IV: PUBLIC NUISANCE
63.
Defendants incorporate their responses to paragraphs 1-6, 9-30, 32-43, 45-52
and 54-62 as if fully set forth herein and in response to the allegations contained in
paragraph 63 of Plaintiffs Complaint.
64.
Defendants deny the facts as alleged in paragraph 64 of Plaintiffs
Complaint and demand strict proof thereof. Defendants fulfilled all obligations to
Tyler Long and all other students at Murray County High School.
65.
Paragraph 65 of Plaintiffs Complaint recites allegations of law, such legal
conclusions do not require a specific admission or denial. To the extent such a
response is required, Defendants deny the facts as alleged in paragraph 65 of
Plaintiffs Complaint and demand strict proof thereof.
Case 4:10-cv-00015-HLM Document 6 Filed 04/16/10 Page 23 of 32
-
8/2/2019 Murray County Schools Response
24/32
Page 24 of 32
66.
Defendants deny the facts as alleged in paragraph 66 of Plaintiffs
Complaint and demand strict proof thereof.
67.
Defendants deny the facts as alleged in paragraph 67 of Plaintiffs
Complaint and demand strict proof thereof.
COUNT V: ATTORNEYS FEES UNDER 42 U.S.C. 1988
68.
Defendants incorporate their responses to paragraphs 1-6, 9-30, 32-43, 45-52
and 64-67 as if fully set forth herein and in response to the allegations contained in
paragraph 68 of Plaintiffs Complaint.
69.
Defendants deny the facts as alleged in paragraph 69 of Plaintiffs
Complaint and demand strict proof thereof.
Case 4:10-cv-00015-HLM Document 6 Filed 04/16/10 Page 24 of 32
-
8/2/2019 Murray County Schools Response
25/32
Page 25 of 32
COUNT VI: PUNITIVE DAMAGES
70.
Defendants incorporate their responses to paragraphs 1-6, 9-30, 32-43, 45-52
and 64-67 as if fully set forth herein and in response to the allegations contained in
paragraph 70 of Plaintiffs Complaint.
71.
Defendants deny the facts as alleged in paragraph 71 of Plaintiffs
Complaint and demand strict proof thereof. It is with great sorrow that this tragedy
occurred, but neither MCSD nor Linder are liable for the suicide of Tyler Long that
occurred while Tyler Long was at Plaintiffs house.
72.
Defendants deny the facts as alleged in paragraph 72 of Plaintiffs
Complaint and demand strict proof thereof.
73.
No response is required of Defendants to the WHEREFORE paragraph of
Plaintiffs Complaint. To the extent that one is required, Defendants deny the facts
as alleged therein and demand strict proof thereof.
Case 4:10-cv-00015-HLM Document 6 Filed 04/16/10 Page 25 of 32
-
8/2/2019 Murray County Schools Response
26/32
Page 26 of 32
74.
Any and all facts as alleged in Plaintiffs Complaint which have not been
expressly admitted by Defendants in this Answer are hereby denied and strict proof
of same is hereby demanded.
Second Defense
Plaintiffs Complaint against Defendant fails to state a claim upon which
relief can be granted.
Third Defense
No action or omission on the part of either Defendant proximately caused
the incidents at issue or the alleged injuries and damages of Plaintiffs, and
therefore Plaintiffs cannot recover from either Defendant.
Fourth Defense
Plaintiffs are barred from equitable relief by the doctrine of unclean hands.
Fifth Defense
Plaintiffs claim for punitive damages is unconstitutional in violation of the
Due Process Clauses of the United States and Georgia Constitutions.
Sixth Defense
Defendant Linder cannot be held liable in her official capacity.
Case 4:10-cv-00015-HLM Document 6 Filed 04/16/10 Page 26 of 32
-
8/2/2019 Murray County Schools Response
27/32
Page 27 of 32
Seventh Defense
At no time did any of the challenged actions and behavior on the part of
either Defendant result in Plaintiffs being deprived of any rights, privileges or
immunities secured by the United States Constitution and laws or for any other
unlawful reasons and, therefore, Plaintiffs claims in this lawsuit are not actionable
under 42 U.S.C. 1983, the result being that Plaintiffs may not recover.
Eighth Defense
Defendant Linder in her individual capacity is protected by qualified
immunity as to any federal constitutional claims because, at all relevant times, she
was performing objectively reasonable discretionary acts as a public officer and
did not violate any clearly established federal right which a reasonable person
would have known.
Ninth Defense
Defendant Linder cannot be held liable for alleged violations of 504 and
the Americans with Disabilities Act and is not a proper party to claims brought
pursuant to these Code Sections. Defendants expressly deny there were any
violations of these Code Sections.
Case 4:10-cv-00015-HLM Document 6 Filed 04/16/10 Page 27 of 32
-
8/2/2019 Murray County Schools Response
28/32
Page 28 of 32
Tenth Defense
Defendants are entitled to the defense of sovereign and official immunity as
to any claims alleged by Plaintiffs under Georgia law.
Eleventh Defense
Defendants cannot be held liable under 42 U.S.C. 1983 on the basis of
respondeat superior.
Twelfth Defense
Defendants, including Defendant Linder in her official capacity, are immune
from liability for punitive damages.
Thirteenth Defense
To the extent applicable, Plaintiffs alleged injuries and damages, if any,
were proximately caused by entities of persons other than Defendants.
Fourteenth Defense
The allegations set forth in the Complaint do not rise to the level of a
constitutional deprivation under color of state law and therefore do not support a
claim for relief under 42 U.S.C. 1983.
Case 4:10-cv-00015-HLM Document 6 Filed 04/16/10 Page 28 of 32
-
8/2/2019 Murray County Schools Response
29/32
Page 29 of 32
Fifteenth Defense
Plaintiffs were not deprived of any federal, constitutional or statutory right
as a result of the application of any policy, practice or custom of Defendant Murray
County School District.
Sixteenth Defense
At no time did Defendants breach a legal duty to Plaintiffs, with the result
that Plaintiffs may not recover against Defendants.
WHEREFORE, having responded to the Plaintiffs Complaint, Defendants
respectfully request:
(a) that the Court enter judgment in their favor and cast all costs ofsaid action against Plaintiff;
(b) for a trial by jury of twelve (12); and(c) for such further relief as this Court deems just and proper.Respectfully submitted this 16
thday of April, 2010.
s/Wayne S. MelnickMatthew G. MoffettGeorgia Bar No.: 515323
Wayne s. Melnick
Georgia Bar No.: 501267Attorneys for Defendants Murray County
School District and Gina Linder
Case 4:10-cv-00015-HLM Document 6 Filed 04/16/10 Page 29 of 32
-
8/2/2019 Murray County Schools Response
30/32
Page 30 of 32
GRAY, RUST, ST. AMAND,
MOFFETT & BRIESKE, L.L.P.1700 Atlanta Plaza950 East Pace Ferry Road
Atlanta, Georgia 30326
Telephone: (404) 870-7390Facsimile: (404) 870-1030
E-mail: [email protected]@grsmb.com
s/ Martha PearsonPhilip HartleyGeorgia Bar No.: 333987
Martha Pearson
Georgia Bar No.: 569375Attorneys for Defendants Murray County
School District and Gina Linder
HARBEN, HARTLEY & HAWKINS, LLP340 Jesse Jewell Parkway
Suite 750
Gainesville, Georgia 30501Telephone: (770) 534-7341
Facsimile: (770) 532-0399
E-mail: [email protected]@hhhlwayers.com
Case 4:10-cv-00015-HLM Document 6 Filed 04/16/10 Page 30 of 32
-
8/2/2019 Murray County Schools Response
31/32
Page 31 of 32
IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF GEORGIAROME DIVISION
DAVID and TINA LONG, )
Individually, and as Natural )
Parents of TYLER LEE LONG, )
Deceased, )
)
Plaintiffs, ) CIVIL ACTION NO.:
) 4:10-CV-00015-HLM
v. )
)
MURRAY COUNTY SCHOOL )
DISTRICT and GINA LINDER, )
In her individual and official )
Capacity as Principal of Murray )
County High School, )
)
Defendants. )
_______________________________
CERTIFICATE OF SERVICE
I hereby certify that I have this day I electronically filed theANSWER AND
DEFENSES OF DEFENDANTS MURRAY COUNTY SCHOOL DISTRICT
AND GINA LINDERwith the Clerk of Court using the CM/ECF system which
will provide electronic notice of the filing to the following attorneys of record:
Case 4:10-cv-00015-HLM Document 6 Filed 04/16/10 Page 31 of 32
-
8/2/2019 Murray County Schools Response
32/32
W. Winston Briggs, Esq.
W. WINSTON BRIGGS LAW FIRM1005C Howell Mill RoadAtlanta, Georgia 30318
Jonathan Zimring, Esq.ZIMRING LAW FIRM
114 New Street, Suite K-1Decatur, Georgia 30030
Respectfully submitted this 16th day of April, 2010.
s/Wayne S. MelnickMatthew G. Moffett
Georgia Bar No.: 515323Wayne s. Melnick
Georgia Bar No.: 501267
Attorneys for Defendants Murray CountySchool District and Gina Linder
GRAY, RUST, ST. AMAND,
MOFFETT & BRIESKE, L.L.P.1700 Atlanta Plaza
950 East Pace Ferry RoadAtlanta, Georgia 30326
Telephone: (404) 870-7390Facsimile: (404) 870-1030
E-mail: [email protected]
Case 4:10-cv-00015-HLM Document 6 Filed 04/16/10 Page 32 of 32