A former Clinton County school district employee is seeking $3 million dollars in punitive damages against four individuals and the Clinton County Board of Education.

James C. Thaxton, now a resident of Tennessee, filed the suit in United States District Court–Western District in Bowling Green last Tuesday August 6. The suit was filed on his behalf by the law firm of Theodore H. Lavit and Associates of Lebanon, Kentucky.

The suit names Superintendent Charlotte Bernard, individually and in her capacity as superintendent; the school board; CCHS principal Sheldon Harlan; and CCMS principal Teresa Scott in their capacity as principals.

The suit alleges the plaintiff, a former assistant principal at both the high school and middle school, sustained injuries due to the defendants’ conduct from 2010 until May 14, 2014.

The suit alleges that, “prior to the beginning of the 2010-11 academic year, the plaintiff was employed as the Assistant Principal at Clinton County High School and… in his capacity as Assistant Principal, became aware of inappropriate grade changes for students.

“Plaintiff further became aware of failing students who had not been afforded accommodations associated with specific disabilities for which they had been diagnosed…learned and witnessed teachers who had been assigned to classes but never met with students, entered grades for students they had never taught, and observed an overall incompetent, illegal system of education designed to inflate statistics utilized for performance evaluations and graduation rates.”

The suit alleges he “addressed his concerns to his superiors including the Principal of the Clinton County High School, the Clinton County Board of Education, the Kentucky Teacher’s Professional Standards Board, the Office of Educational Accountability and other appropriate agencies…and was subsequently demoted to Assistant Principal at Clinton County Middle School prior to the beginning of the 2012-13 academic year.

The civil action further alleges the plaintiff witnessed the same failing system of education at Clinton County Middle School and notified his superiors and the above referenced agencies…and continued to participate in the ongoing investigation by the Professional Standards Board and other state agencies.

“On or about May 14, 2014,” the suit continues, plaintiff received from Charlotte Bernard, Superintendent…a letter notifying him that his employment with the Clinton County Schools would not be renewed for the 2014-25 school year.

The suit alleges the defendants’ actions violated his freedom of speech by unlawfully disciplining him for speaking as a citizen and for making statements upon matters of public concern, which constitutes protected speech.

Further, the suit claims that, “due to his disclosures to these appropriate authorities and the news media, he was subjected to retaliation and reprisal, which culminated in his dismissal/removal as Assistant Principal at the middle school…and that as a direct and proximate result of the aforementioned conduct, the plaintiff has suffered great and emotional distress and/or embarrassment and/or humiliation and/or mental anguish and/or wage loss and/or medical expense,”

The suit alleges the conduct of the defendants was fraudulent, will- full, intentional and wanton and as a proximate result of the conduct, he is entitled to punitive damages.

Thaxton is seeking a “sum of money in excess of the minimum jurisdiction of this court and for three million dollars ($3,000,000.00) in compensatory damages for violations of plaintiff’s First Amendment Rights as secured…and for violation of Kentucky’s Whistleblower Statute,” and requests a trial by jury on all issues, for costs and attorney’s fees and punitive damages.

(Editor’s Note: A civil suit represents only one side of an issue, that of the person filing the action and those named in the suit are presumed innocent of any wrong doing unless proven otherwise in court.)