A $5 million lawsuit against Clark County Public Schools was dismissed in Clark Circuit Court Thursday.
Matthew and Lindsay Lucas, of Georgetown, filed the suit against Clark County Public Schools, Superintendent Elaine Farris, Fannie Bush Elementary School Principal Angela Taylor, teacher Leslie Hammer and PASS (Positive Approach to Student Success) program coach Teresa Palmer in May on behalf of their minor daughter, Alyssa Morgan Lucas.
In the suit, the Lucases alleged that on Feb. 18, 2010, their daughter was put into time out in a dark padded room with one window and a chair for six minutes by her teachers as punishment.
The suit alleged the actions of the defendants caused their daughter “severe and grievous mental and emotional suffering, anguish, nervousness and anxiety.” It also claimed that she continued to be “fearful, anxious and nervous” and suffered from separation anxiety.
Along with the monetary damages, the suit also asked for an order barring the use of seclusion rooms in the Clark County School System.
Matthew and Lindsey Lucas moved from Clark County to a school district in another county after the incident.
Attorneys for the school district had asked that the suit be dismissed.
According to court documents, after hearing arguments from attorneys on both sides and reviewing the records in the case, Judge William Clouse ruled that the school employees were protected from lawsuit under Kentucky’s governmental immunity law which protects such employees when the acts were performed within their official job related duties. Clouse then ruled to grant the defendants’ motion and dismiss the plaintiffs’ claims with prejudice.
In a civil case, dismissal with prejudice means the suit is dismissed permanently, and the plaintiffs can not file another case on the same claim in the future.
Contact Bob Flynn at bflynn@winchestersun.com.
