NASHVILLE, TN

United States District Judge Todd Campbell today issued an order that moves a multi-million-dollar lawsuit against Metro Nashville Public Schools one step closer to trial in Federal court in downtown Nashville.

The lawsuit was filed in September by local activist and former school employee Tom Kovach, who was assulted by an unruly student at Whites Creek High School in February of 2007. The student first tried to slap Kovach in the face, and then tried to incite other students to jump on Kovach in the school library, and then tried several times to punch Kovach in the head, and then — when taken to the school office — the student tried several times to stab Kovach in the face with the metal end of an umbrella that the student had picked up from a countertop.

During a county court hearing in June of 2007, the student did not deny his actions in the incident. But, despite the facts of the incident, Kovach was fired from his job as a Sign Language interpreter. He had been employed by Metro Schools for more than two years at the time that the student assaulted Kovach. A two-month administrative appeal process did not stop the school district from firing Kovach.

The lawsuit says that lax disciplinary policies led to the assault, and that the firing was both illegal and discriminatory. Little-known state laws require school systems to use corporal punishment, and allow school employees to use force to defend themselves and to quell disturbances. Nashville’s district policies, however, forbid those actions. Kovach’s lawsuit says that this leaves school employees vulnerable, and sends a signal to unruly students that school staff members are fair game because of the "no-touch" local policy.

Three different attorneys from the Metro Nashville Department of Law have tried to get the case dismissed. Today’s order by the chief judge requires that a magistrate judge settle all pre-trial motions and set a date for trial. Kovach is representing himself in the case. He is the same activist that, two years ago, filed a lawsuit against Governor Bredesen to block construction of the underground party hall at the Governor’s Mansion. That party hall has come to be nicknamed “Bredesen’s Bunker”.

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The full text of this release can also be read by clicking this link.
http://tomkovach.us/Causes/Schools/091119--REL-Magistr_assgn.html

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The judge’s order can be read by clicking this link.
http://tomkovach.us/Causes/Schools/091119--ORDER_referring_to_Magistrate.pdf

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Photo of Tom Kovach

http://tomkovach.us/Images/TK--Law_Book.jpg

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