Judge Dismisses Lawsuit against some defendants in Ooltewah Rape Case

CHATTANOOGA (WDEF) A Federal Judge in Chattanooga dismisses some defendants in a civil suit over the Ooltewah Rape Case.

But the case will continue.

Judge Harry Mattice Jr. granted and denied a series of summary judgement motions on the case.

The ruling drops Principal Jim Jarvis, Athletic Director Jess Naydley, Coach Andre Montgomery, and Hamilton County Coordinator Marsha Drake from the lawsuit.

But it also found grounds to try the suit against the Hamilton County Schools.

The lawsuit was brought by families of two of the basketball players at Ooltewah who were sexually assaulted on a team trip to Gatlinburg.

The suit alleges Title 9 and Sexual Harassment violations.

The suit claims that the individuals were indifferent to the victim’s harassment and that the school system was negligent.

For instance, Former Ooltewah Principal Jim Jarvis was cited for violating the rights of victims by refusing to offer counseling or support.

But the Judge found that, even though the school system itself was frustrated with Jarvis’s response, there is no constitutional right to compassionate treatment.

The judge says equal protection “does not require
that [a defendant] … have a pleasant demeanor’ in responding to harassment, but only
that he respond to it in a manner that is not clearly unreasonable.”

But the Court allowed several aspects of the lawsuit to continue against the school system.

The judge found that the system reacted reasonably after the incident.

But he allowed the question of staff training and whether administrators were deliberately indifferent before the assault to continue.

A defense attorney for plaintiff Roe says he is happy that their main issues against the system will go to trial.

[su_document url=”https://wdef.com/wp-content/uploads/2018/08/ooltewah-court-decision-080618.pdf” width=”520″ height=”1000″]