A court hearing is scheduled for Tuesday at 9 a.m. in a sexual wrongdoing suit against Brentwood Academy.
In August, a mother and son filed a lawsuit against Brentwood Academy and several of its employees, alleging that a sixth grade BA student was bullied, sexually assaulted and raped four times in the 2014-15 school year by four other middle-school students. Since, a suit was also filed against the boys’ and their parents. BA responded to the allegations in mid-August, denying all claims of wrongdoing, and recently the parents and students responded to their suit, likewise denying wrongdoing.
The hearing Tuesday in Williamson County Circuit Civil Court is in the first-filed suit, with defendants John and Jane Doe against Brentwood Academy and, among others, its headmaster Curtis Masters.
Three motions are being heard, all filed by the plaintiffs John Jane Doe: a pro hac vice, which allows a lawyer from a different jurisdiction to participate in a case; a motion to partially dismiss the case; and a motion to quash, which concerns undoing an earlier motion. The specifics will not be known until court time when the judge will decide them.
Williamson Source will update any developments from the hearing as they occur.
Stay up-to-date on this developing story:
Civil Cases: How They Usually Work
-The first step of a civil action starts with a Complaint. This initiates the lawsuit and in this case is the original complaint filed against BA and its employees by the alleged victim and his mother. It lays out claims by the plaintiffs and names defendants.
-Usually, the defendants are then notified they are being sued by subpoena, and have 30 days to respond with an Answer. In this case, it was BA’s response denying the charges. If a defendant does not file this response, it may result in a default judgement against them.
-From there usually a hearing is set before a judge that brings the parties together. Also, either party can file motions, asking for dismissal of some or part of the charges. Also, the process of Discovery is set up, whereby each side is allowed to gather evidence, take depositions and testimony relevant to the charges made. Discovery can take three forms: written questions which must be answered under oath; document production; and Depositions, which are formally transcribed and sworn statements taken in front of a court reporter or other court officer. The information is used in preparing the case for trial.
-At any point, the parties can come to a settlement agreement, thereby ending ongoing litigation.
-If a settlement is not reached, the suit will go to trial. A jury or judge will hear the case, weigh the evidence found during Discovery and thus presented by each side. From there, a verdict will be issued.