Judge dismisses most of former student’s claims

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July 2, 2009

By KENNETH HART The Daily Independent Thu Jul 02, 2009, 11:44 PM EDT

GRAYSON — A federal judge has dismissed most of the claims made against two former Carter County school administrators and the school system in a 2007 sexual harassment suit filed by a former student.

In a ruling issued on Tuesday, U.S. District Judge Amul R. Thapar granted summary judgment on all but two of Lindsey Savage’s 11 remaining claims against former East Carter High School Principal Ada Steele; J.C. Perkins, a former ECHS assistant principal; and the Carter County Board of Education.

The only claims Thapar allowed to stand were those of negligent supervision and retention against Steele, Perkins and the school board in their official capacities.

Earlier this year, Savage agreed to settle her claims against two of the other defendants in the lawsuit, the Grayson Police Department and its former chief, Keith Hill. Savage received a settlement of $5,750, paid to her by an insurance company, according to court records.

Savage’s claims against Clayton James, the former ECHS school resource officer whom she claims sexually harassed her, are still pending.

Among other allegations, Savage — who graduated from ECHS in 2007 and was 16 at the time of the alleged harassment — claims James sent her a series of inappropriate e-mails between June and October 2006 and attempted numerous times to coerce her into having sex with him.

Savage also alleges that James engaged in stalker-type behavior, such as driving by her house repeatedly, made an inappropriate comments to her regarding the use of handcuffs and once touched her leg through a hole in her jeans.

In the most recent ruling in the case, Thapar agreed with the contention of Steele, Perkins and the board that if Savage’s constitutional rights were violated, “it was not due to any action or inaction” on the defendants’ part.

Thapar also ruled there was no evidence to support Savage’s claim that the school system “gave tacit approval to a pattern of sexual abuse” or was “deliberately indifferent” to her constitutional rights.

Savage also maintained Steele and Perkins violated her constitutional rights by failing to prevent James from sexually harassing her. But, Thapar said, both defendants acted correctly under the circumstances.

“ ... once the true nature of the relationship (between Savage and James) came to light, defendant Steele immediately informed law enforcement authorities and took action to bar Officer James from the school,” he wrote. “In short, the only failure on the part of defendants Steele and Perkins was their failure to be omniscient, and they certainly cannot be faulted for that.”

Savage also alleged the school system was negligent for not equipping ECHS’ computer system with filtering devices that would have protected her from receiving James’ e-mails. Thapar, though, said he was not aware such devices existed.

James was removed from his position at ECHS in January 2007 after being arrested by Kentucky State Police on a misdemeanor charge of official misconduct, to which he later pleaded guilty, paid a fine and served a term of home confinement. The investigation that led to the charge was the result of Savage’s father telling the KSP about James’ alleged harassment of his daughter.

KENNETH HART can be reached at khart@dailyindependent.com or (606) 326-2654.

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