Google
 
Web rhymeswithright.mu.nu

February 22, 2005

Why Is This Case Still Continuing?

Two high school cheerleaders have a couple of drinks before the game. Their peers object, and insist that they won’t compromise their safety or the squad by performing with drunk classmates. The girls are suspended from school and tossed from the team. Seems pretty straightforward to me. Why is it still in litigation, three years later?
What began as an accusation of cheerleaders drinking vodka before a Wentzville Holt High School football game has ended up costing taxpayers more than $400,000, and the legal tab is expected to go higher.

The Missouri United School Insurance Council has had to pay $371,697 in legal fees and $53,899 in costs defending the suit. And despite a federal court's rejection of the cheerleaders' claims, the legal wrangling may be far from finished. A lawsuit filed on behalf of former cheerleaders Lauren Schwaigert and Rachel Jennings and two other girls remains unresolved in state courts.

The tab is approaching a half-million dollars for the school district? Why has the judge let this case go on?

The saga began with a football game on Aug. 30, 2002. According to court documents, Rachel Jennings and Lauren Schwaigert, then 17 and 16 respectively, drank vodka at a friend's house before performing as cheerleaders at the game. A third cheerleader also was said to have been drinking.

Later that night, some members of the cheerleading squad told Diane Moran, the squad's coach, that they were quitting because they couldn't cheer with the girls who had been drinking. Moran brought the squad together for a meeting that lasted until about 2:30 in the morning.

Elizabeth Jennings and Nadine Schwaigert filed suit in federal court in September 2002 on behalf of their daughters. They said the girls were kept at the meeting against their will and berated by other members of the team. They sought $500,000 each in damages.

Meanwhile, the district completed an investigation into the drinking rumors and suspended the girls for 10 days under the student code of conduct.

Moran was removed from her cheerleading duties because of the late-night meeting, but she continued to teach.

The federal court ruled against the girls and their parents last year, and an appellate court upheld that decision last week. The girls and their families were ordered to pay $13,854 in court costs.

Now hold on here. They’ve lost in the district court and on appeal, and they only had to cough up a hair less than $14,000? Why were they not stuck with at least the entire court costs, even if the district and its insurance company couldn’t recover legal fees? I mean, if this wasn’t a frivolous lawsuit, I don’t know what would qualify.

Now they have filed ANOTHER lawsuit over the same incident.

But the case is not over. The two girls were joined by Allyson Justmann, a third cheerleader accused of drinking, and her mother in a suit filed in March in St. Charles County Circuit Court. The Justmanns could not be reached for comment. Lauren Schwaigert's sister Sarah also joined the suit, saying she was subjected to hostile treatment.

In the state court suit, the girls are seeking $100,000 to $500,000 on each of several counts. That case is unresolved.


Sorry, folks, but this matter has already been adjudicated in favor of the district. Res judicata. Hopefully the state judge has heard of that legal concept.

Yeah, sometimes schools mess up, and need to be nailed for their mistakes. But in this case the school really did nothing wrong – and the only school employee who could conceivabley be accused of acting wrongly was the cheerleading sponsor, who was disciplined (for the record, I don’t think she was necessarily that far out of line). Where is the harm to the girls? Where are the damages? I just don’t see them.





|| Greg, 08:02 PM || Permalink || Comments (3) || Comments || TrackBacks (0) ||

Trackback Information for Why Is This Case Still Continuing?

TrackBack URL for this entry: http://blog2.mu.nu/cgi/trackback.cgi/106863
Listed below are links to weblogs that reference 'Why Is This Case Still Continuing?'.

Comments on Why Is This Case Still Continuing?

You are an idiot.. You know NOTHING about this case.

|| Posted by , August 20, 2005 07:32 PM ||

So, are you one of the drunken little sows, or are you one of the parents.

Certainly you are a coward, refusing to identify yourself.

If you know so much, why don't you share?

|| Posted by Rhymes With Right, August 21, 2005 01:19 AM ||

I agree that the first person was probably one of the girls or their parents. I see no reason for the lawsuit. The girls are just lucky that they didnt get in more trouble for what they did. I mean cheerleading while drunk?!?! Luckily noone was dropped or hurt

|| Posted by Someone who was there, September 24, 2005 07:58 PM ||
Post a comment

Remember personal info?


 

 





AnotherMunublogSmall.jpg





Winner - 2014 Fabulous 50 Blog Awards
Winner - 2014 Fabulous 50 Blog Awards

Winner - 2013 Fabulous 50 Blog Awards

Winner - 2012 Fabulous 50 Blog Awards

Winner - 2011 Fabulous 50 Blog Awards

Winner - 2010 Fabulous 50 Blog Awards

Winner - 2009 Fabulous 50 Blog Awards

Posts by Category

Announcements (posts: 13)
Blogging (posts: 187)
Border Issues & Immigration (posts: 421)
deferred (posts: 4)
Education (posts: 685)
Entertainment & Sports (posts: 483)
Guns & Gun Control (posts: 65)
History (posts: 329)
Humor (posts: 88)
Israel/Middle East (posts: 44)
Medical News (posts: 54)
Military (posts: 273)
News (posts: 1570)
Paid Advertising (posts: 234)
Personal (posts: 108)
Politics (posts: 5261)
Race & Racism (posts: 281)
Religion (posts: 819)
Terrorism (posts: 884)
Texas GOP Platform Reform Project (posts: 4)
The Courts (posts: 310)
Watcher's Council (posts: 482)
World Affairs (posts: 345)

Archives

January 2016
December 2015
November 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006
April 2006
March 2006
February 2006
January 2006
December 2005
November 2005
October 2005
September 2005
August 2005
July 2005
June 2005
May 2005
April 2005
March 2005
February 2005
January 2005
December 2004
November 2004
October 2004
September 2004
August 2004
July 2004
June 2004
December 0000



MuNuviana



Licensing

Creative Commons License
This weblog is licensed under a Creative Commons License.

Powered By

Powered by
Movable Type 2.64
AnotherMunublogSmall.jpg

Administrative Stuff

Email Me
Syndicate this site (XML)

Advertising Disclosure

adpolicy.gif

About Me

NAME: Greg
AGE: 50-ish
SEX: Male
MARITAL STATUS: Married
OCCUPATION: Social Studies Teacher
LOCATION: Seabrook, TX
DISCLAIMER: All posts reflect my views alone, and not the view of my wife, my dogs, my employer, or anyone else. All comments reflect the view of the commenter, and permitting a comment to remain on this site in no way indicates my support for the ideas expressed in the comment.

Search This Site


Support This Site



Recent Entries

Who Is Regan Theiler And Why Was She Allowed To Spend Public Funds On A Sole Source Contract For Her Part-Time Employer?
Not My Idea Of A Stimulating Evening
About Trump's Liberty University Speech
Do Not Place The Secessionist "Texas Independence" Measure On The 2016 Republican Primary Ballot
Conservatives Vs. Liberal On Those Engaged In Violent Political Activity
Tom Mechler Makes His Case Against Moving The 2016 RPT Convention
Jared Woodfill Makes His Case For Moving The 2016 RPT Convention
Questions About Moving The 2016 RPT Convention
Reject The Call To Move 2016 Republican Party Of Texas Convention
It Is Too Bad That Political Parties Cannot Reject Voters Who Seek To Join, Stop Would-Be Candidates Who Want To Run

Blogroll


Watchers Council
  • Ask Marion
  • Bookworm Room
  • The Colossus of Rhodey
  • The Glittering Eye
  • GrEaT sAtAn"S gIrLfRiEnD
  • The Independent Sentinel
  • JoshuaPundit
  • Liberty's Spirit
  • New Zeal
  • Nice Deb
  • The Noisy Room
  • The Razor
  • Rhymes With Right
  • The Right Planet
  • Simply Jews
  • Virginia Right!
  • Watcher Of Weasels

  • Political & Religious Blogs