Knightstown Banner Online

Search The Banner Online

PLEASE VISIT OUR SPONSORS

earning your business everyday
RUSHVILLE CHRYSLER-JEEP-DODGE
New & used vehicles with a full line service & parts dept. Call 765-932-2447 or 866-576-7874 or visit us on the web for more info.
rushvillechryslerjeepdodge.com

all your outdoor needs
HOOSIER OUTDOOR POWER & FARM SUPPLY
New & used equip, parts, service, clothing. Call 765-345-9036.
hoosieroutdoorpower.net

family-owned/operated
LEAKEY INSURANCE AGENCY
Call 765-345-5171 for info/quote.
leakeyinsurance.com

body repair experts
KNIGHTSTOWN COLLISION CENTER
Call 765-345-5380 for info/quote or visit us at 221 W. Main Street

parts for mowers
SUPERIOR MOWERS & MORE
Call 317-462-1323 or visit us on the web for more info
superiormowers.com

local trash pickup
CGS SERVICES INC.
Trash pickup, aggregate production, hot mix materials, and more. Call 800-453-5575.
cgsservices.com

Banner News

Please refer to our News Archives for more news links or hit your "back" button to go to your previous page.

 

 

 

 Expelled CAB Students to Settle for $207,000

(NOTE: This story contains errors. Please refer to story titled "Banner Error Explained" in the March 28 issue.)

 

March 21, 2007 - By a vote of 5-2, the Charles A. Beard School Board approved a $207,000 settlement Tuesday night that resolves civil rights lawsuits brought by three Knightstown High School sophomores suspended and ultimately expelled last fall for a horror film parody they created on their own time away from school.

Under terms of the settlement - which is actually three separate agreements - CAB's insurer will pay $69,000 each to KHS students Isaac Imel, Cody Overbay and Charlie Ours and their parents within 60 days. These payments are, according to the agreements, "full settlement" that cover "any and all damages, including, but not limited to alleged constitutional violations and attorney fees."

Imel and Overbay sued CAB last fall after being expelled over "The Teddy Bear Master," an amateur film they had worked on with Ours and a fourth student, Harrison Null. In their lawsuits, the boys alleged the film was protected speech under the First Amendment to the U.S. Constitution and that CAB's expulsions had violated their constitutional rights. Ours was added as a third plaintiff in the case in late January.

At Tuesday night's school board meeting, CAB Superintendent David McGuire urged the board to approve the agreements. "The school district is not paying any of the settlement," he said. "And I would recommend that we go ahead and accept."

McGuire told the board that agreements had been reached during a settlement conference held at the federal courthouse in Indianapolis last month. He said the conference, which was overseen by a federal magistrate, had lasted most of the day.

While CAB doesn't have to pay any of the $207,000 that will be going to the students and their parents, the agreements do require the school corporation to expunge the suspensions and expulsions from the students' records. CAB must also allow the students to make up all school work that was missed during the 10 weeks they were out of school, and, in the case of two of the students, provide tutors, as needed.

Although the agreements include confidentiality provisions that prevent the students and their parents, as well as CAB, from discussing details of the settlement, McGuire explained to the board that the agreements would become public records as soon as the board approved them. He also told them that The Banner had already submitted a record request seeking copies of the agreements, and that he was prepared to provide the requested copies immediately following the meeting if the board approved them. When Board President Mike Fruth asked what would happen if the board did not approve the agreements, McGuire said, "Well, then we have a federal judge to deal with." McGuire told the board that if the agreements were not approved, CAB might incur substantial additional costs that its insurer would not cover.

Ron Womack and Leah Kopp joined fellow board members Larry Selvidge, Wade Beatty and Debi Ware in voting to approve the agreements, while Fruth and board member Kevin Knott cast the lone dissenting votes.

"I will make one comment," Fruth said moments after the vote. "I do not agree with our judicial system."

 

 

GO TO MARCH HEADLINES PAGE                                                                                              TOP OF PAGE