UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TENNESSEE

AT CHATTANOOGA

T.A., a minor student, )

by and through her parent, M.A., )
)
Plaintiff, )
)
v. ) Case No. 1:18-cv-00084
)
BLEDSOE COUNTY SCHOOLS, )
and JENNIFER TERRY, in her )
individual capacity, )
)
Defendants. )

DEFENDANTS’ ANSWER

NOW COME these Defendants, the Bledsoe County Schools and Jennifer Terry,

by and through counsel, and, for answer to Plaintiffs’ Complaint, plead as follows:

FIRST DEFENSE

The Plaintiffs’ Complaint fails to state a claim upon which relief can be granted.

SECOND DEFENSE

With respect to the specifically enumerated paragraphs of the Plaintiffs’

Complaint, these Defendants aver as follows:

1. The Defendants deny this allegation and aver this case involves a student

who, without provocation, attacked a classmate from behind and who has subsequently

attempted to justify her criminal actions.

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 2. These Defendants deny these allegations.

3. These Defendants admit that this paragraph accurately describes the nature

of the Plaintiffs’ claims.

4. Upon information and belief, these Defendants admit these allegations.

5. The Defendants generally admit these allegations but aver that the

appropriate name for the school system is the Bledsoe County Board of Education.

6. These Defendants generally admit these allegations but aver that Director

Terry is actually an employee of the Bledsoe County Board of Education.

7. These Defendants admit these allegations.

8. These Defendants admit these allegations.

9. These Defendants generally admit these allegations but deny their

materiality.

10. Upon information and belief, these Defendants admit that T.A. identifies as

a racial minority.

11. These Defendants are without sufficient information to form an opinion or

belief as to the veracity of these allegations and so deny the same.

12. These Defendants deny these allegations.

13. The Defendants deny these allegations as stated and aver that school

officials promptly investigated and responded to any reports of harassment. If

harassment persisted, neither T. A. nor her mother, M. A., reported ongoing harassment

to school officials.

14. These Defendants deny that T.A.’s victim called T.A. by any racial epithet

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in the cafeteria or anywhere else on the school campus on the day in question. These

Defendants admit that T.A. viciously assaulted the other student in the cafeteria by

attacking her from behind.

15. These Defendants admit that school officials allowed T.A.’s victim to call

her parents. The Defendants additionally admit that the parents were upset that T.A. had

assaulted their daughter. These Defendants are without sufficient information to form an

opinion or belief regarding the veracity of the remaining allegations of this paragraph of

the Plaintiffs’ Complaint and so deny the same.

16. These Defendants admit that the parents of T.A.'s victim posted various

inappropriate messages on Facebook but deny the materiality of these allegations.

Should these allegations be deemed material, these Defendants further aver that school

officials asked counsel for the Bledsoe County Board of Education, Attorney Howard

Upchurch, to notify the parents that they were banned from campus based upon their

inappropriate conduct.

17. These Defendants deny these allegations.

18. These Defendants deny these allegations.

19. These Defendants aver that the principal of Bledsoe County High School,

not the Director of Schools, recommended a 365 day suspension based upon T.A.'s

vicious criminal assault on a fellow student.

20. These Defendants deny that the calendar year suspension was grossly

excessive and aver that this action was consistent with Tennessee law.

21. These Defendants deny these allegations and aver that the Plaintiffs have

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failed to pursue appropriate administrative remedies.

22. These Defendants deny these allegations.

23. This paragraph requires no response from these Defendants.

24. These Defendants deny these allegations.

25. These Defendants deny these allegations.

26. This paragraph requires no response from these Defendants.

27. These Defendants deny these allegations.

28. These Defendants deny these allegations.

29. These Defendants deny these allegations.

30. These Defendants admit that Director Terry, at all times material to the

Plaintiffs’ Complaint, was acting within the course and scope of her duties as the Director

of Bledsoe County Schools. These Defendants deny, however, that Director Terry failed

in the performance of any of her job duties.

31. This paragraph requires no response from these Defendants.

32. This paragraph requires no response from these Defendants. However,

these Defendants aver that there is a legal distinction between the nature of education as a

fundamental right under the Tennessee Constitution and fundamental rights as they exist

under the substantive due process clause of the United States Constitution.

33. This paragraph requires no response from these Defendants.

34. This paragraph requires no response from these Defendants, although these

Defendants aver that the Plaintiffs have misstated the holding in the case they reference.

35. These Defendants deny that there are any customs, policies, or practices

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that violate the student’s right to procedural or substantive due process under the United

States Constitution. Furthermore, these Defendants aver that Plaintiffs misunderstand the

distinction between procedural and substantive due process.

THIRD DEFENSE

The Defendants deny that they have breached any duty owed to the Plaintiffs.

FOURTH DEFENSE

These Defendants deny the Plaintiffs are entitled to any relief requested.

FIFTH DEFENSE

These Defendants aver that the Plaintiffs have unreasonably failed to exhaust

administrative remedies such that their claims for relief under 42 USC Section 1983 are

barred as a matter of law.

SIXTH DEFENSE

Jennifer Terry avers that she has not been properly sued in her individual capacity

such that any claims against her in her individual capacity should be dismissed. This

Defendant further asserts the doctrine of qualified immunity as a complete bar to any

claims against her.

SEVENTH DEFENSE

The Bledsoe County Board of Education denies that there are any official customs,

practices, or procedures that violate the constitutional rights of the Plaintiffs.

EIGHTH DEFENSE

The Bledsoe County Board of Education avers that punitive damages are not

available against a governmental entity under 42 USC Section 1983 such that the

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Plaintiffs’ claims for this relief should be dismissed.

NINTH DEFENSE

With respect to the allegations contained in the Plaintiffs’ Complaint not

previously admitted, explained or denied, these Defendants now deny the same and

demand strict proof.

WHEREFORE, PREMISES CONSIDERED, these Defendants ask this Court

to dismiss the Complaint against them, assessing attorneys’ fees and costs accordingly.

Respectfully submitted,

BENNETT & DECAMP, PLLC

BY: /s/ D. Scott Bennett

D. SCOTT BENNETT – TNBPR: 015988
MARY C. DECAMP – TNBPR: 027182
Attorneys for Defendant Bledsoe County
Schools and Defendant Jennifer Terry, in
her individual capacity
707 Georgia Avenue
Suite 300
Chattanooga, TN 37402
Telephone: (423) 498-3789

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 CERTIFICATE OF SERVICE

I, the undersigned attorney, do hereby certify that the foregoing was filed
electronically. Notice of this filing will be sent by operation of the Court’s electronic
filing system to all parties indicated on the electronic filing receipt. All other parties will
be served by regular U.S. Mail. Parties may access this filing through the Court’s
electronic filing system.

This the 4th day of June, 2018.

BY: /s/ D. Scott Bennett

D. SCOTT BENNETT – TNBPR: 015988
MARY C. DECAMP – TNBPR: 027182

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