Guidelines

I have established this blog as a means of transparency to the public, outreach to the community, and information dissemination to all who choose to look. Feedback is welcome, but because public participation is equally encouraged, appropriate language and decorum is mandatory.

Wednesday, September 26, 2012

Escambia School Board Wins HUGE Victory in Federal Court



The plaintiff alleged that her employer, the School Board of Escambia County,  had committed retaliation in violation of Title VII of the Civil Rights Act of 1946, as amended, 42 U.S.C. §§ 2000e-2000e-17.

This case caused tremendous consternation to the entire district, and has cost taxpayers tens of thousands of dollars, and has dragged on for more than  two years.

On Tuesday, the Judge granted the School Board's second motion for summary judgement.  from the order

"Broughton's position throughout this case has been that her son was harassed by teachers and other students and that he did not deserve being blamed for things that happened.  All of her conclusions about whether and how B.B. was harassed come from what B.B. told her, which is inadmissible hearsay."



and finally

"....Broughton has not come forward with admissible evidence raising a genuine issue of material fact whether the removal was causally connected to the protected activity.  Accordingly, it is hereby ORDERED:

1.  The defendant School Board's objections to portions of the affidavits of Craig Broughton, Thelma Roby, Karen Broughton, and Jerome Watson (doc. 98) are SUSTAINED.
2.  The defendant School Board's second motion for summary judgment (doc. 84) is GRANTED.
3.  The Clerk shall enter final judgment in favor of defendant School Board and against plaintiff, Karen Broughton.

DONE AND ORDERED this 25th day of September, 2012"


Read Judge M. Casey Rodgers Order here

3 comments:

Anonymous said...

It is unfortunate that you a school board member would find comfort in harassement of a 9 yr old child. Don't pat yourself on the back so quickly this battle is far from over.It is obvious there is no justice in the Escambia County School District or the Federal Courts in the Northern District of Florida. We are moving forward to the 11 Circuit Court of Appeals and, if necessary all the way to the U.S.Supreme Court. I can say for certain: It aint over until God says it’s over. Please keep in mind that your high priced attorney could not get the job done the first time. He was unjustly given two bites at the same apple. It took him two bites at the apple against a pro-se litigant. Pull up your big boy britches the fight ain't over yet. You have the nerve to complain about the cost of lidigation when all it would have taken was for the Board to do their job and stop the harassment. I also read the order and what the judge said was it was a teachers word against a child. Go figure. Thats how they think they can get away with mistreating a child. He will not be denied justice I'll see at the court of appeals

Anonymous said...
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Jeff Bergosh said...

Thelma,

Quoting does not equal gloating. Quoting from the Federal Judge's order does not mean I'm "spiking the football"--I'm simply sharing a big victory, which I often do here on my blog, especially given the costs associated with winning these cases. Also, just to let you know, I have often asked about collecting our legal fees when we are victorious, an idea I will continue to pursue vigorously. Have a nice day. :)