Attorney Files Amended Complaint In Wolfe Suit
Law Firm For Fayetteville Schools Says District Did No Wrong
Last updated Thursday, November 20, 2008 10:29 AM CST in News
By Bob Caudle
THE MORNING NEWS
FAYETTEVILLE -- Attorneys for the Fayetteville School District claim school officials did nothing wrong in dealing with a student alleging sexual harassment and beatings at school.
Fayetteville attorney Westbrook Doss filed a federal lawsuit in September against the Fayetteville School District alleging district personnel failed to protect a student, Billy Wolfe, from harassment and beatings.
Doss filed the suit on behalf of Penney and Curt Wolfe, Billy Wolfe's parents.
The lawsuit names the Fayetteville School District and Byron Lynn Zeagler, an assistant principal at Fayetteville High School, as defendants.
Doss claims the Wolfe's son, Billy, has suffered male-on-male sexual harassment and been the object of physical assaults, threats and name-calling since he was a student at McNair Middle School.
The assaults and harassment continued during high school, and school officials allowed an atmosphere that condoned the actions, the lawsuit claims.
Doss hones in on the sexual harassment portion of the lawsuit in an amended complaint, saying the school did not afford Billy Wolfe the same protection it would afford a female student from sexual slurs.
The district's law firm, Friday, Eldredge and Clark of Little Rock, maintains the school district and Zeagler, followed school policy and constitutional law in the matter.
A response filed to Doss's amended complaint states the new complaint shows no claims upon which relief may be granted.
The response also questions the statute of limitation on some of the claims in Doss's suit and asks for the lawsuit to be dismissed.
The tentative trial date has been set for Sept. 21 in Fort Smith. The Wolfes are seeking a jury trial.
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ck wrote on Nov 20, 2008 8:47 AM: