School district, officials deny wrongdoing in student assault

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November 11, 2008

By KENNETH HART The Daily Independent Tue Nov 11, 2008, 10:15 PM EST

ASHLAND — Lawrence County High School’s principal, assistant principal and the school district have denied wrongdoing in an assault that seriously injured a female student and prompted the victim’s parents to file a federal lawsuit.

In their response to the suit, filed last week in U.S. District Court, LCHS Principal James Boggs, Assistant Principal Debra Delong and the Lawrence County Board of Education all maintain they are not liable for injuries 17-year-old Jerica Moore suffered at the hands of another girl.

Jerica Moore’s parents, Jerry and Melissa Moore, filed suit last month against Boggs, Delong and the district, claiming they failed to act to protect the teen, even though they had been warned repeatedly by the parents that the attack was imminent.

Jerica Moore was assaulted Aug. 12 at the high school, according to her parents’ lawsuit. Her attacker, also a student at LCHS, struck her twice in the back of the head with a glass candle holder and punched her in the back of the head with her fist, the suit states.

Jerica Moore had to have staples placed in the back of her scalp to close her wounds, the suit states.

As a result of the attack, the plaintiffs claim they have incurred medical expenses of $10,000 and Jerica Moore “has experiences, and likely will continue to experience, pain and suffering,” wrote the Moores’ attorney, Ned Pillersdorf of Prestonsburg.

The Moores claim they gave Boggs and Delong “specific and explicit notice” that their daughter was going to be attacked, including a copy of a threatening letter that Jerica Moore had received from the other girl.

Boggs and Moore assured the parents proper protection measures were in place, yet failed to take action to ensure Jerica Moore’s safety, the suit states.

However, in their response, filed by Lexington attorney Barbara A. Kriz, the defendants maintain the damages claimed by the Moores “were the result of intentional conduct and/or negligence on by or on the part of other parties,” over whom they had no control.

The defendants also claim the Moores’ claims are barred under the doctrines of sovereign, governmental, absolute and qualified immunity, and by the fact that the plaintiffs have failed to exhaust all administrative remedies available to them.

Also, Kriz wrote, because they were acting as employees of the school district, Boggs and Delong have no individual liability in the case.

The defendants also maintain he suit should be dismissed because the plaintiffs claim of “deliberate indifference” fails to state a cause of action under federal law.

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

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