By: Samantha Jenkins
Officer Mullin sat in his office on the phone, writing out a General Case Report Form. “Deb, I need an Incident and Call for Service, Also start me two street units, I’m going to Code three the principal. She swept every thing off of her desk, including the monitor.” Officer Mullin scribbled some numbers down on a notepad. “Thanks Deb. Also, have Lieutenant Chang swing by, I want to give him and update on what is going on.”
“Mrs. Richardson,” Thomas Jones started. “The school district would prefer not to have a second legal fight over this issue.” He poured himself a glass of water from the pitcher that sat on the table.
“I understand that.” Susan said. “I, honestly, would prefer the same; However, Joyce Paskly’s actions may have not allowed that.” The lawyers looked at each other.
“Are you going to file?” Thomas asked, the color draining from his face. “The School Districts legal counsel would like to make an offer to prevent a lawsuit.”
“Don’t you think that is a bit premature?” Susan asked, eyebrows raised.
“Mrs. Richardson, the last time that this happened.” Sally Courtright was saying, “it ended up costing the school district around $10 Million dollars.” I suddenly realized that they were afraid of a law suit and were going to do what ever it took to keep this out of court. I looked at mom. Susan looked at Mom.
“May I speak to my client?” Susan asked the legal team.
“Certainly.” Sally Courtright said. She pulled a stack of paper out of her bag. Susan tilted her head toward the door as she tapped me, Mom and Dr. Franklin stood and the five of us walked out into the corridor.
“I think they are scared shitless.” Susan said after the door shut. “For them to suddenly place an offer on the table I think they are afraid that there is already paper on its way to the clerks office. Jackie, I would like to file a civil suit against Joyce Paskly, but that doesn’t involve the District. Jackie it’s your call on accepting their offer. I think that this is really messing with Morgan’s head, and she’s going to need to see Dr. Franklin because of all of this.” I watched Mom nod.
“Why are they doing this?” I asked, glancing from mom to Susan.
Lieutenant Chang pulled in and parked behind Officer Mullin’s car. He shut off the engine and got out. He walked up to the doors that would let him enter the building right next to Officer Mullin’s office. Officer Mullin looked out the window as Lieutenant Chang walked in. He motioned for him to enter the office.
“Debbie said you wanted to see me.” Lieutenant Chang said.
“Yeah, you went on the run over to the District office, right?” Officer Mullin asked, watching Lieutenant Chang nod. “You notice any thing about Jackie or her children?” Lieutenant Chang studied the drop ceiling in the room.
“Yeah, there were three girls rather than two and a boy. Katie is always running around with Jen or Josh. Who was the third girl?” Lieutenant Chang asked.
“The third girl was Josh, AKA Morgan.” Officer Mullin said. Lieutenant Chang looked at Officer Mullin.
“Wait, What, Dave?” Officer Mullin chuckled.
“Yeah. The girl in the pink over black was Josh, AKA Morgan Smith.” Lieutenant Chang looked out the window.
“Dave when she comes back to school tomorrow, Take care of that girl.” And with that Lieutenant Chang left, leaving Officer David Mullin staring at the wall.
“I’m going to head over to the high school and relieve Mrs. Paskly of her duties as Principal...” Mr. Gallagh said, standing. Susan was busy skimming over the proposed settlement, and was going to give her professional advice to her client.
“Jackie, may I have a word with you in the hall way?” Susan said, standing. Jackie stood and walked toward the door, leaving myself, Dr. Franklin, Katie and Jennifer all sitting at the table staring at the lawyers.
Susan let the door shut, and looked at Jackie.
“Take the deal. It will at least start Morgan through college. They want to settle out of court for ten thousand. They are running scared and trying to avoid a lawsuit that they know they will receive. Also in this Paskly looses her job for insubordination, I won’t have to fight for that.”
“Susan is that your advice as a friend or legal counsel?” Susan looked at Jackie.
“Both.” Susan said.
Comments
Now THAT was unexpected!
Hell of a first offer. I wonder how high they are willing to go? ;-)
KJT
"Life is not measured by the breaths you take, but by the moments that take your breath away.”
George Carlin
Double Entendre
“Dave when she comes back to school tomorrow, Take care of that girl.†I hope he means look out for her. I was very concerned when I first read that. Portia
Portia
Yes, he does mean to look
Yes, he does mean to look out for her. Apparently Jen and Morgan's father was killed in the line of duty (or so I've been informed by someone, I think it was Morgan) and the entire police department seems to keep an eye on the family.
Kayla
Unusual funding
Ah, if only all of us (who want it, anyway) had such a ready made fund for SRS! Not that the method of getting it is something any of us would really want to have to deal with.
Saless
"But it is also tradition that times *must* and always do change, my friend." - Eddie Murphy, Coming To America
"But it is also tradition that times *must* and always do change, my friend." - Eddie Murphy, Coming To America
Big Mistake
RAMI
Enjoyed this chapter, and of course the family should settle.
However, if they think that accepting the settlement will keep things from going public and raising problems for Morgan and her mom, I think they are sorely mistaken.
Ten million dollars is a huge amount of money. First, it is unlikely that the school's insurance company would have agreed to such a settlement so quickly, if at all. Secondly, if the superindentent and the lawyers did this on their own, without board approval, then the offer could be in jeopardy.
But, even if this was all palusible, the offer can not, since it is from a public goernment entity fail to be disclosed to the public. Even if there was general support in the public at large, for Morgan and against the School Board and principal, the amount is too large to not raise the ire of the taxpayers. The argument will be that Ten Million Dollars is too much of a penalty to pay for 10 minutes of outrageous conduct by an employee that did little or no harm.
The question of what that amount will do to the school district will make Morgan a target for hatred. Ten million at $50,000.00 per year salary for a teacher (probably a mean salary) would pay for 200 teachers salaries. How many sports programs, art programs, drama progams will have to be cut to pay for this? How many teachers fired?
In some states, an offer like this would need, state legislative approval.
The big mistake in accepting the offer is what the concequences that will occur.
RAMI
RAMI
With due respect!
4th last line.
The settlement was for $10,000, not $10 million.
I understood $10 million was what it cost for the prior court case?
LoL
Rita
Age is an issue of mind over matter.
If you don't mind, it doesn't matter!
(Mark Twain)
LoL
Rita
Pick A Lower Number
Based on the history of other legal suits and client settlements, I doubt the school board's lawyers would either initially offer, or need to offer, such a high settlement to prevent a lawsuit. Bear in mind that lawsuits can go on for a couple of years, and the outcome is never certain, at least in terms of settlement size. Appeal courts regularly reduce multimillion dollar settlements, even if the plaintiff prevails in trial court. A $500K settlement, under these circumstances, imho, would be quite generous. Local jurors can be a bit stingy about doling out local government money, especially when faced with the argument that their taxes would go up to pay for it.
A woman in New York, who was outrageously treated by a branch of a theme/chain restaurant, Caliente Cab Company, over her use of the women's restroom, being accused of being a man and ejected along with her party from the restaurant, settled for $50K, and most legal analysts agreed that that was about as good as it could have been.
Ten million isn't happening. It wouldn't happen in court (especially on appeal), and it certainly wouldn't be offered as a settlement. Half a million is still enough to pay for college for both girls and SRS, especially if it's structured as a non-taxable reimbursement of losses by the school's insurance company and not as income, and invested conservatively until needed.
OK, Now, There's The Question
Of why the irate principal did what she did. You do not lose your coll like she did for no reason.
May Your Light Forever Shine
May Your Light Forever Shine
A settlement?
Now anyone can sue anyone even if they have no real legal standing.
In this case, they go to the district office. The district office apologies for the actions of the Principal, assures the Principal will be dismissed from her position and tells the parent(s) of the child that no further problems will be encounter in their child attending school in her perceived gender and that is that. The child attends school and that is that. No need for a lawsuit because the school is not preventing the child from attending according to the law, and no need to offer anything more than the child will be allow to attend.
The 10 million dollar settlement fits in with a faery tale of magic money appearing to allow SRS (as is the case in so many stories) but not in a real life type story. It is just too unrealistic for the circumstances that were presented to the reader by the author.
Ten Million
I changed the amount from 10 Million dollars to 10 thousand dollars...
I'm not sure what I was thinking when I wrote that...
Kayla
Thanks for the change
RAMI
Thanks for changing the amount.
If any amount is due, Ten Thousand is realistic. Enough to be significant, but not the outrageous 10,000,000.00 you had before.
The settlement should also contain language regarding the principal, the right to attend school as herself, and other clauses of a similar nature.
What you did, shows that good authors read these comments, made sincerely by the readers and reacts to them in a positive way.
RAMI
RAMI
I try. Maybe I was wishing
I try. Maybe I was wishing that I had ten million dollars.... We aren't done at the district office yet, and we all will be heading back to the school here in the next chapter...
Kayla
I still don't see it
I don't even see ten thousand dollars. The Principal went nuts and wasn't letting the child in class. They go to the district office where they tell them the child will be allow in school and the principal will be sacked. There is no basis for a lawsuit. The school is allowing the child to attend. If they went to court, it would be thrown out as the child IS being allowed to attend school as a girl!
So, please explain to me why any school would hand over $10,000 of taypayer's money to someone that is not being victimised? In fact, if they wanted to, they could have went back to the school and entered the classes the SAME day if I read the story correctly; it was only because Morgan was upset that I could see her not going back the same day and to be honest, Morgan did not appear to be all that upset to me.
The School district has been
The School district has been through this once, they are trying to avoid a law suit. It's only around 10 am story time, so we are all on our way back to the school...
Kayla
It Depends
There are many reasons why the school board might be legally liable. For one thing, if they were under a consent order from the prior case, this would put them in contempt for noncompliance. The contempt would be triggered by a pattern of behavior, a continuation of a pattern of behavior, or a failure to carry through on a commitment to educate their employees on correct policy; not anything regarding actual damages to a plaintiff.
As to damages, actual or perceived, psychological abuse has been recognized in some cases as meriting jury awards.
Then, there is the issue of civil penalties, which even absent a specific court order, might exist, depending on locality. Some states, and many cities now have broad antidiscrimination statutes which include gender, perceived gender, and gender presentation. The penalty, codified in civil law, in the New York City statute, for example, is up to $250K, enforceable by the NYC Commission On Human Rights on behalf of a complainant. The law also reserves the right to a complainant to opt for their own lawsuit for damages in lieu of Commission action.
Shut Up Money
RAMI
Along with some of what other folks have said. SOmrtime Defendants decide to pay something to just shut up the plaintiff. Since there is a settlement agreement along with the money, it would normally include a non-disclosure clause, as well as this being a full settlement. Morgan, Mom and the attorney would not be able to go to the press or talk about the matter in general.
10,000.00 buys alot of silence.
RAMI
RAMI
someone basically said it.
shut up money.
the school lawyers already admitted they woudlnt win case. so, 10 grand is relatively cheap. a 2nd charge to school district for same offense would be very bad publicity if it ended up in court no mater outcome, which already has legal presidence. the principal has no legal standing either. Someone wondered about Morgan and her bearing up all this & it appears she's holding up well, just disbelief that something like this could happen. for responsible adults to act this way.
Please ignore my earlier comment
I believe it's been sorted!
LoL
Rita
Age is an issue of mind over matter.
If you don't mind, it doesn't matter!
(Mark Twain)
LoL
Rita