Significant Cases

Wayne Melnick and Andy Treese Obtain Summary Judgment in Case Involving Constitutional Rights

Wayne Melnick and Andy Treese won summary judgment for a principal and the superintendent of schools in a federal case arising from allegations that a teacher sexually abuse two teenage boys over a period of…

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Wayne Melnick and Andy Treese won summary judgment for a principal and the superintendent of schools in a federal case arising from allegations that a teacher sexually abuse two teenage boys over a period of years.  The students brought Section 1983 claims against the principal and superintendent based on the Due Process and Equal Protection clauses of the Fourteenth Amendment.  Though disputed issues of material fact precluded summary judgment for the school district (not FMG’s client), the Court found that there was no evidence the principal or superintendent acted with deliberate indifference to either plaintiff’s rights.   The Court also ruled that neither the principal nor superintendent had violated plaintiff’s constitutional rights, they had not violated clearly established law and were entitled to qualified immunity. Plaintiffs consented to a motion for final judgment in favor of the principal and superintendent.

Ashton Brinkley and Jared Spell v. Dr. Scarlett Copeland, Dr. Gene A. Starr, Violet Marchman, Michael Glenn Waters, James Carol Waters, Wanda L. Waters, and Appling County School District

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