BCSS requests end to Facebook case

The brief, written by Barrow County Schools attorney Daniel R. Murphy of McLockin and Murphy LLP, argues that Payne and her attorney, Richard Storrs, attempted to “recast her allegations in the language of the alternative causes of action notwithstanding, the logical and inevitable result of the above-quoted language of the Order is that the Defendants are entitled to have all of Plaintiff's remaining claims dismissed,” the document reads.

The request by the defendants also asks for Creel's name to be dismissed under the lawsuit. Payne's resignation was tendered under the leadership of Dr. Ron Saunders, who preceded Creel as superintendent. The document cites a 1983 case in which a court found that “if a tenured teacher can forfeit statutory rights following a resignation, a teacher lacking tenure can also lose statutory rights following a resignation,” according to the document.

There is “no dispute that Dr. Creel was not the Superintendent at the time of the events which have given rise to the Amended Complaint,” the document reads. “In reality, Defendant previously raised in support of their First Motion for Summary Judgment as to Plaintiff's Original Petition for Mandamus Relief. The Original Petition having since been dismissed, there simple is no factual or legal basis to maintain Dr. Creel as a named defendant in the present action.


For the full story, read the June 13 issue of the Barrow Journal.