Wednesday, October 30, 2002
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Wednesday, October 30, 2002 |
School response to suit over fight at SCHS: Not our faultBy JOHN
MUNFORD
Fayette County school officials have responded to a lawsuit brought by a parent of a Sandy Creek High School student who claims school officials should have sought medical treatment for him and not suspended him from school. Any injuries suffered by Daniel Mays "were not the result of any alleged negligence or inaction" by school officials, according to the school system's response to the suit. David Mays filed the suit last month, claiming his son Daniel was the victim of a "violent beating" at SCHS Sept. 4. Mays claims his son did not resist his attackers and a video depicts the youth being kicked in the head numerous times. Mays contends the school should have sought neurological evaluation for his son after the incident. The allegations brought by the lawsuit "are frivolous, unreasonable and without foundation in law or fact," according to the response filed on behalf of the school system, principal Roy Rabold and secondary schools director Wayne Robinson. The school system also filed a counterclaim, seeking to have the plaintiff cover court costs, attorneys fees and expenses related to the suit. Daniel Mays was suspended from school for two days as a result of the disturbance, according to the suit. The youth was sent home with large contusions on his jaw and head, the suit claims. The response from the school system also claims the school is protected by Georgia's sovereign immunity law and that Rabold and Robinson are protected by the state's official immunity law.
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