Coporal punishment lawsuit documents

DOCUMENT 2 ELECTRONICALLY FILED 11/23/2016 3:31 PM 62-CV-2016-900117.00 CIRCUIT COURT OF TALLAPOOSA COUNTY, ALABAMA PATRICK CRADDOCK, CLERK

IN THE CIRCUIT COURT OF TALLAPOOSA COUNTY, ALABAMA AT DADEVILLE, ALABAMA KELLY MILES as Mother and Next Friend of J.S., a minor,

Plaintiff, v.

CLINT BURGESS, Defendant.

) ) ) ) ) ) CIVIL ACTION NO. 62-CV-2016) ) ) ) ) )

COMPLAINT Comes now the Plaintiff, Kelly Miles, as Mother and Next Friend of the minor child, J.S. (hereinafter “Plaintiff”), by and through her attorney, and states as follows: Parties 1.

The Plaintiff, Kelly Miles, as Mother and Next Friend of the minor child,

J.S., is over the age of nineteen years and is a resident of Tallapoosa County, Alabama.

2.

J.S. is a minor and resident of Tallapoosa County, Alabama, who at all

times relevant hereto was a student at Reeltown School located in Tallapoosa County, Alabama.

3.

The Defendant, Clint Burgess, is an individual over the age of nineteen

years who was all times relevant hereto an employee of the Tallapoosa County School System and a resident of Tallapoosa County, Alabama.

Complaint - 1

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Factual Allegations 4.

Plaintiff re-alleges the allegations contained in paragraphs 1 through 3 as

if fully set out herein.

5.

Defendant was at all times relevant hereto a teacher at Reeltown School.

6.

J.S. was at all times relevant hereto a student in Defendant’s class at

Reeltown School.

7.

On October 31, 2016, the Defendant was working as a teacher at Reeltown

School.

8.

In violation of policies and procedures, Defendant came into physical

contact with J.S. 9.

Defendant’s use of force against J.S. was directly in violation of both

school policies and procedures, as well as the Tallapoosa County Board of Education policies and procedures.

10.

As a result of the physical contact, J.S. suffered serious injuries and was

badly bruised, for which he received medical attention.

COUNT I (Negligence) 11.

Plaintiff re-alleges the allegations contained in paragraphs 1 through 10 as

if fully set out herein.

12.

On October 31, 2016, the Defendant negligently came into contact with

J.S. thereby causing injury to J.S., to-wit: serious bruising and psychological trauma for which J.S. received medical treatment.

13.

Defendant caused physical injuries, pain and suffering and mental anguish

to J.S. as a proximate cause of Defendant’s negligence.

Complaint - 2

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WHEREFORE, Plaintiff demands judgment against Defendant for such sums as the jury may award as compensatory, exemplary, and punitive damages, including, but not limited to, mental anguish, emotional distress, pain and suffering, and permanent injury, future medical expenses, plus any and all compensable damages, equitable remedies including issuing a declaratory judgment, and attorney’s fees and costs of this action allowed by law.

COUNT II (Wantonness) 14.

Plaintiff re-alleges the allegations contained in paragraphs 1 through 13 as

if fully set out herein.

15.

On October 31, 2016, the Defendant wantonly came into contact with J.S.

thereby causing injury to J.S., to-wit: serious bruising and psychological trauma for which J.S. received medical treatment.

16.

Defendant caused physical injuries, pain and suffering and mental anguish

to J.S. as a proximate cause of Defendant’s wanton conduct.

WHEREFORE, Plaintiff demands judgment against Defendant, for such sums as the jury may award as compensatory, exemplary, and punitive damages, including, but not limited to, mental anguish, emotional distress, pain and suffering, and permanent injury, future medical expenses, plus any and all compensable damages, equitable remedies including issuing a declaratory judgment, and attorney’s fees and costs of this action allowed by law.

COUNT III (Assault and Battery) 17.

Plaintiff re-alleges the allegations contained in paragraphs 1 through 16 as

if fully set out herein.

Complaint - 3

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18.

On October 31, 2016, in Tallapoosa County, Alabama, the Defendant

committed an assault and battery on J.S. 19.

As a proximate cause of Defendant’s assault and battery, J.S. suffered

physical injuries, pain and suffering and mental anguish.

WHEREFORE, Plaintiff demands judgment against Defendant, for such sums as the jury may award as compensatory, exemplary, and punitive damages, including, but not limited to, mental anguish, emotional distress, pain and suffering, and permanent injury, future medical expenses, plus any and all compensable damages, equitable remedies including issuing a declaratory judgment, and attorney’s fees and costs of this action allowed by law.

_/s/ James R. Bowles____________ JAMES R. BOWLES (BOW011) Attorney for Plaintiff

PLAINTIFF DEMANDS A STRUCK JURY FOR THE TRIAL OF THIS CAUSE.

_/s/ James R. Bowles____________ JAMES R. BOWLES (BOW011) Attorney for Plaintiff Of Counsel: Law Offices of James R. Bowles 2 South Dubois Avenue P. O. Box 780397 Tallassee, Alabama 36078 (334) 283-6548 (334) 283-5366 - FAX (Email) JamesRBowles@aol.com

Complaint - 4

DOCUMENT 73 ELECTRONICALLY FILED 3/9/2018 3:08 PM 62-CV-2016-900117.00 CIRCUIT COURT OF TALLAPOOSA COUNTY, ALABAMA PATRICK CRADDOCK, CLERK

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DOCUMENT 73 ELECTRONICALLY FILED 3/9/2018 3:08 PM 62-CV-2016-900117.00 CIRCUIT COURT OF TALLAPOOSA COUNTY, ALABAMA PATRICK CRADDOCK, CLERK

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DOCUMENT 76 ELECTRONICALLY FILED 3/9/2018 3:08 PM 62-CV-2016-900117.00 CIRCUIT COURT OF TALLAPOOSA COUNTY, ALABAMA PATRICK CRADDOCK, CLERK

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DOCUMENT 72 ELECTRONICALLY FILED 3/9/2018 3:08 PM 62-CV-2016-900117.00 CIRCUIT COURT OF TALLAPOOSA COUNTY, ALABAMA PATRICK CRADDOCK, CLERK