Crossville Chronicle, Crossville, TN

Area News

January 31, 2013

Paddling suit sent to mediation

CROSSVILLE — Attorneys on both sides of a lawsuit centered around the paddling of a student at Homestead Elementary in March 2011 have agreed to enter judicial mediation.

Cumberland County Board of Education Attorney Earl Patton reported the development at the January meeting of the board, adding mediation was set to begin in February.

"The mediation process is voluntary," Patton said. "We hope this will result in a resolution of the case."

The court granted a motion to stay court proceeding pending mediation in December.

The suit was filed by Melanie S. Stoner on behalf of her minor child after he was paddled for attempting to leave a classroom early, even though he was on the "no paddle" list and parents had not granted the school permission to use corporal punishment in disciplining the child.

Defendants include Cumberland County doing business as Cumberland County Schools, Director of Schools Aarona VanWinkle, Homestead Elementary Principal Robin Perry and James Vaughn Davis, former teacher and coach at the school. The suit claims Davis and the other defendants violated the student's right to due process, committed battery and assault, intentional infliction of emotional distress and negligence. The suit was filed by Richard M. Brooks, of Carthage, and Crossville attorney Walter Alan Rose.

Davis, then 71, was indicted in March 2012 on a single charge of simple assault, a misdemeanor charge. He was later granted diversion in the case and will be eligible to have the charge removed from his record if he completes the sentencing agreement. He was placed on unsupervised probation for 11 months and 29 days and paid court costs.

Davis also has been on family medical leave with the school system and has not returned to teaching.

The suit states the child had been involved in an ATV accident in 2009 that resulted in a traumatic brain injury and that the child has been diagnosed with anxiety and post-traumatic stress following the paddling incident and has suffered from fainting and nightmares.

The suit states that on March 23, the student prepared to leave the classroom and was instructed to return to his seat because class had not yet ended. The lawsuit states the student returned to his seat and was instructed to not leave the classroom until all the other students had left. However, he left with the rest of the class.

According to the suit, Davis pursued the student outside the classroom, bent him over an object and proceeded to administer three licks with a paddle. The lawsuit states this was in violation of school board policy and was a disproportionate form of discipline for the infraction.

1
Text Only
Area News
  • rendezvous.jpg TSRA starts spring off with paddling trips

    About 150 members of the Tennessee Scenic Rivers Association (TSRA) recently gathered April 2-6 in Crossville at Camp Nakanawa for the Annual TWRA Rendezvous.

    April 19, 2014 1 Photo

  • Panel recommends using third-party billing for old EMS bills

    The budget committee approved hiring the same third party billing company to help go through older EMS ambulance service bills to resubmit them to help the EMS department get caught up with billing collections.

    April 19, 2014

  • Sales tax collections down

    Cumberland County Finance Director Nathan Brock reported to the Cumberland County Budget Committee that local option sales tax collections have fallen below budgeted projections for the 2013-'14 fiscal year.

    April 19, 2014

  • Motion to toss evidence in burglary denied

    A defense motion to have evidence seized by deputies searching for a man who fled warrant service thrown out failed when deputies testified they had oral permission from the defendant's son to search the residence the father and son share.

    April 18, 2014

  • donate life.jpg Organ donation gives man new lease on life

    Travis Hodges has a new lease on life, thanks to a selfless gift a young father made the year before.

    April 18, 2014 1 Photo

  • Fireworks, sign change get council OK

    While the April Crossville City Council meeting was generally a calm one, there were some fireworks on the agenda.

    April 18, 2014

  • quackers at the library.jpg Spring jamboree

    April 17, 2014 1 Photo

  • Suspect charged in Sportsman Club break-in

    A Crossville man has been arrested and charged in connection with the burglary of a shooting club's building in the county that occurred last week, according to arrest reports.

    April 17, 2014

  • Panel discusses auditing hotel/motel tax collections

    Commissioners on the budget committee discussed the possibility of auditing hotels and motels in the county regarding the collection of hotel/motel tax collection figures being down.

    April 17, 2014

  • Repent burglar must serve time

    Some defendants cry, because they get caught, and others are tearful with remorse. No one in the courtroom doubted Robert Killeen's sincerity when he apologized to his victim, his loved ones and supporters for committing crimes against an elderly widow, stealing the money her late husband left her.

    April 17, 2014

Marketplace Marquee
Parade
Must Read
Section Teases
Seasonal Content
AP Video
Raw: More Than 100,000 Gather for Easter Sunday Raw: Greeks Celebrate Easter With "Rocket War" Police Question Captain, Crew on Ferry Disaster Raw: Orthodox Christians Observe Easter Rite Ceremony Marks 19th Anniversary of OKC Bombing Raw: Four French Journalists Freed From Syria Raw: Massive 7.2 Earthquake Rocks Mexico Captain of Sunken SKorean Ferry Arrested Raw: Fire Destroys 3 N.J. Beachfront Homes Raw: Pope Presides Over Good Friday Mass Raw: Space X Launches to Space Station Superheroes Descend on Capitol Mall Man Charged in Kansas City Highway Shootings Obama Awards Navy Football Trophy Anti-semitic Leaflets Posted in Eastern Ukraine Raw: Magnitude-7.2 Earthquake Shakes Mexico City Ceremony at MIT Remembers One of Boston's Finest Raw: Students Hurt in Colo. School Bus Crash Deadly Avalanche Sweeps Slopes of Mount Everest
Hyperlocal Search
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide
Weather Radar
2014 Readers' Choice